Definition of the Concept of the Balance of Interests of Creditors and the Debtor in an Insolvency (Bankruptcy) Case

The work is devoted to the definition of the concept of balance of interests of creditors and debtor in bankruptcy proceedings. It is necessary to determine the definition of the balance of interests of creditors and the debtor in a bankruptcy case, taking into account the importance of this balance regarding constitutional and civil principles, and the prevention of abuse of law. It is determined that the balance of interests of the persons involved in the case represents the proportionality of rights and obligations at the stage of bankruptcy established by law, which does not allow violating the rights and legitimate interests of the other party established by law. As a result of the conducted research, based on the opinion of scientists and the provisions of the Constitutional Court of the Russian Federation, the author proposed a concise definition of the concept of balancing the interests of creditors and the debtor in a bankruptcy case.

Authors

Publication Details

Journal
Russian judge
Published
2024-08-29
DOI
https://doi.org/10.18572/1812-3791-2024-9-2-4
Primary Topic
Corporate Insolvency and Governance
Type
article
Field-Weighted Citation Impact
0.00
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article

Definition of the Concept of the Balance of Interests of Creditors and the Debtor in an Insolvency (Bankruptcy) Case

Roman A. Korotaev
Russian judge
Corporate Insolvency and Governance
article

Definition of the Concept of the Balance of Interests of Creditors and the Debtor in an Insolvency (Bankruptcy) Case

Roman A. Korotaev
article en

Abstract

The work is devoted to the definition of the concept of balance of interests of creditors and debtor in bankruptcy proceedings. It is necessary to determine the definition of the balance of interests of creditors and the debtor in a bankruptcy case, taking into account the importance of this balance regarding constitutional and civil principles, and the prevention of abuse of law. It is determined that the balance of interests of the persons involved in the case represents the proportionality of rights and obligations at the stage of bankruptcy established by law, which does not allow violating the rights and legitimate interests of the other party established by law. As a result of the conducted research, based on the opinion of scientists and the provisions of the Constitutional Court of the Russian Federation, the author proposed a concise definition of the concept of balancing the interests of creditors and the debtor in a bankruptcy case.

Russian judge
Openalex Percentile: Top 73%
Corporate Insolvency and Governance
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