Везде
On the Execution and Termination of Contracts Concluded by the Debtor before the Initiation of Bankruptcy Proceedings
Table of contents
Annotation Estimate Publication content
References Comments
Share
QR
Metrics
On the Execution and Termination of Contracts Concluded by the Debtor before the Initiation of Bankruptcy Proceedings
Annotation
PII
S1605-65900000622-5-1
DOI
10.12737/jrp.2023.068
Publication type
Article
Status
Published
Authors
Natalia Kantor 
Occupation: Associate Professor at the Department of Business and Corporate Law
Affiliation: Kutafin Moscow State Law University
Address: Moscow, Russia
Edition
Volume 27 No. 6
Pages
75-88
Abstract

The commencement of bankruptcy proceedings by itself does not terminate contractual obligations. At the same time, the bankruptcy legislation does not contain provisions regarding the settlement of the contracts previously concluded by the debtor, excepting granting the arbitration manager the right to refuse the debtor's transactions in the procedures of external management and bankruptcy proceedings.

The purpose of the study is to determine the permissible actions of the parties to the contract after the initiation of bankruptcy proceedings. The objectives are: to study the limits of rules of civil obligations in case of the insolvency, to assess the sufficiency of legal means for the settlement the issue of the fate of contracts concluded before the initiation of bankruptcy proceedings.

The study was conducted on the basis of the author's personal empirical experience and the study of judicial practice. The author uses methods of system analysis, teleological interpretation to assess the effectiveness of available legal means, as well as a comparative legal method for comparing the legislation of the Russia, USA and Germany on the issues under study.

Based on the results of the consideration of the features of the disposal of contractual obligations in the conditions of insolvency in the forms of contract execution, refusal to perform one of the parties, the exercise of rights and (or) obligations under the contract as part of the debtor's property complex, the author comes to conclusions about the need for the parties to the contract to actively use the dispute resolution procedure in bankruptcy and the use of the practice of foreign law and order on individual questions.

Keywords
bankruptcy, transactions with an insolvent debtor, termination of the contract, transfer of rights and obligations under the contract, creditors' property claims
Date of publication
21.06.2023
Number of purchasers
12
Views
109
Readers community rating
0.0 (0 votes)
Cite Download pdf
1

References



Additional sources and materials

1.	Kantor N. E. Legal regime of non-monetaty claims against the debtor arising from contracts concluded before the initiation of bankruptcy proceedings. Courier of Kutafin Moscow State Law University (MSAL), 2022, no. 12, pp. 174—175. (In Russ.)
2.	Khodakovskiy A. P. Register of creditors' claims and its formation in the process of insolvency (bankruptcy): legal aspects. Cand. diss. Moscow, 2021. 259 p. (In Russ.)
3.	Kuzmicheva E. Refusal to execute the debtor's contracts. Zhurnal RShChP, 2018, no. 3, pp. 103—152. (In Russ.)
4.	Moroz A. I. Claim subordination in bankruptcy: how to address claims without consideration by the creditor? Vestnik ekonomicheskogo pravosudiya Rossiyskoy Federatsii, 2019, no. 5, pp. 18—32. (In Russ.)
5.	Sayfullin R. I. Lessor's bankruptcy: the fate of leasehold encumbrance. Vestnik ekonomicheskogo pravosudiya Rossiyskoy Federatsii, 2019, no. 10, pp. 86—136. (In Russ.)
6.	Shaydullin A. I. The permissibility of contract termination clauses in the event of insolvency (bankruptcy clauses). Vestnik ekonomicheskogo pravosudiya Rossiyskoy Federatsii, 2019, no. 8, pp. 49—62. (In Russ.)

Comments

No posts found

Write a review
Translate