Litigating the grounds of nominal holder as a legal means of restoring the balance of interests in bankruptcy

The article examines its key groups from the point of view of the need for legal support for the balance of interests in bankruptcy. The author formulates a system of legal means for eliminating the unfair opposition of nominal property to the legitimate interests of the bankruptcy estate of the debtor as the actual owner of the withdrawn asset, describes the elements of the legal model for achieving a balance of interests and presents possible legal approaches to resolving problems of limitation of actions and relative creditor challenge when refuting the grounds of nominal ownership in relation to insolvency.

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Publication Details

Journal
Courier of Kutafin Moscow State Law University (MSAL)
Published
2024-10-07
DOI
https://doi.org/10.17803/2311-5998.2024.120.8.035-043
Primary Topic
Legal Studies and Reforms
Type
article
Field-Weighted Citation Impact
0.00
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article

Litigating the grounds of nominal holder as a legal means of restoring the balance of interests in bankruptcy

С. С. Галкин
Courier of Kutafin Moscow State Law University (MSAL)
Legal Studies and Reforms
article

Litigating the grounds of nominal holder as a legal means of restoring the balance of interests in bankruptcy

С. С. Галкин
article en

Abstract

The article examines its key groups from the point of view of the need for legal support for the balance of interests in bankruptcy. The author formulates a system of legal means for eliminating the unfair opposition of nominal property to the legitimate interests of the bankruptcy estate of the debtor as the actual owner of the withdrawn asset, describes the elements of the legal model for achieving a balance of interests and presents possible legal approaches to resolving problems of limitation of actions and relative creditor challenge when refuting the grounds of nominal ownership in relation to insolvency.

Courier of Kutafin Moscow State Law University (MSAL)Vol. 1(8)
Kutafin Moscow State Law University (RU)
Peace, Justice and strong institutions
Openalex Percentile: Top 72%
Legal Studies and Reforms
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