Історико-правовий аналіз інституту оскарження фраудаторних дій боржника

The article is devoted to the historical and legal analysis of the institution of appealing against the debtor’s fraudulent actions that caused harm to creditors. The author investigated the development and formation of this institution in the Romano-Germanic, common, religious, and traditional legal systems. It has been established that the first practical and scientific developments of the mechanism for appealing fraudatory transactions can be traced back to the time of Roman law, as well as in the ancient sources of Islamic and Jewish law, which are based on religious texts. Subsequently, this institute began to be actively introduced in the USA, European and Far Eastern countries, etc. In Ukraine, the relevant regulation was enshrined in 1992 in the Law of Ukraine “On Bankruptcy”. However, this institution has become widely used only in recent years with the expansion of the scope to all debt legal relations, not limited to bankruptcy procedures. The article analyzes scientific sources regarding the history of regulation of the debtor’s fraudatory actions in accordance with Roman law, the legislation of the USA, Great Britain, the Netherlands, Japan and Ukraine. Scientific articles on the regulation of this institution in Islamic (Muslim) law, as well as the primary sources of Jewish law, were also researched. It can be seen that all systems were based on the principles of good faith, honesty and the prohibition of the abuse of law in the relations between the debtor and creditor. It has been established the conceptional immutability of the institution of appealing fraudulent transactions for many centuries and the maximum similarity of regulation in different legal systems, which indicates its stability and fairness. At the same time, if in the Romano-Germanic and common legal families the corresponding regulation was the result of the law-making activity of the state for the regulation of social relations, then in the religious legal family the specified legal institution is a consequence of the interpretation and development of religious norms. Modern legal developments were only partially modified in legal systems only in view of the development of the diversity of legal relations and the expansion of the private legal tools available to unscrupulous debtors.