Problems of Ensuring the Protection of the Rights of Spouses in Bankruptcy Cases: Trends and Prospects
( Pp. 68-74)
More about authors
Natalia V. Letova
Dr.Sci.(Law), Chief Researcher of the Procedural Law Sector
Institute of State and Law of the Russian Academy of Sciences
Moscow, Russian Federation
Institute of State and Law of the Russian Academy of Sciences
Moscow, Russian Federation
Abstract:
Purpose of the study. In this article, the author considers the problems of theory and practice that arise due to the lack of precise criteria in the bankruptcy rules that allow differentiating the bankruptcy procedure depending on the legal status of a person (the status of a spouse or ex-spouse). The article outlines the problems associated with determining the jurisdiction of such cases, the distribution of debts between spouses, the legal fate of their common joint and personal property in cases of formation of a bankruptcy estate in bankruptcy cases of one of the spouses, systematizes the regulatory conditions that make it possible to distinguish between general and personal obligations of spouses, in a state of bankruptcy. The author formulated general trends in the development of bankruptcy legislation, identified the prospects for its development, proposed ways to improve the bankruptcy procedure for one or both spouses (former spouses), formulated proposals for improving the bankruptcy rules, taking into account the established judicial practice in such cases.
How to Cite:
Letova N. V. Problems of Ensuring the Protection of the Rights of Spouses in Bankruptcy Cases: Trends and Prospects // ECONOMIC PROBLEMS AND LEGAL PRACTICE. 2023. Vol. 19. № 3. P. 68-74. (in Russ.) DOI: 10.33693/2541-8025-2023-19-3-68-74 EDN: AQRRNF
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Frolov I.V. The structure of exemption from the performance of obligations of a civil law nature in the procedure of out-of-court bankruptcy of a citizen // Law and Economics. 2020. No. 11 (393). pp. 15–23.
Khlyustov P.V. Joint property of the spouses: problems of formation of the bankruptcy estate of a bankrupt citizen // Law. 2015. N 12. P. 65–70.
Shishmareva T.P. The procedure for insolvency of the common property of spouses in Russia and Germany: a comparative analysis // Family and housing law. 2021. N 2. P. 34–37.
Mazurkevich A.K. Actual issues of bankruptcy of spouses // Entrepreneurial Law. Application «Law and Business». 2020. N 1. P. 39–41.
Volgina O.A. Joint bankruptcy of spouses in Russia: how to put it into practice and what is the use of it / O.A. Volgina, R.V. Khisamova // Law. 2017. N 2. P. 65–74.
Kharitonova Yu.S. Collection of debts of a bankrupt citizen at the expense of the common property of the spouses / Yu.S. Kharitonova // Entrepreneurial Law. Application «Law and business». 2016. N 3. P. 7–9.
Kholodenko Yu.V., Berdnikov S.S. Changing the property regime of spouses in bankruptcy proceedings // Family and housing law. 2021. N 1. P. 34–38.
Bulaevsky B.A. Regime of common property of spouses without presumptions // Family and housing law. 2012. N 6. P. 5–7.
Frolov I.V. On the Formation of an Effective Model of Joint Bankruptcy of Spouses in Russian Jurisdiction // Law and Economics. 2022. N 1. P. 24–31.
Volgina O.A., Khisamova R.V. Joint bankruptcy of spouses in Russia: how to put it into practice and what is the use of it // Law. 2017. N 2. P. 65–74.
Kosova O.Y. Common debts of spouses: division or distribution // Family and housing law. 2019. N 1. P. 17–20.
Letova N.V. Tendencies in the development of legislation on bankruptcy of spouses: problems and prospects // State and Law. No. 3. 2022, pp. 99–107.
Lomakina P.A. Distribution of common debts of spouses after divorce // Bulletin of economic justice of the Russian Federation. 2014. N 12. P. 82–101.
Mazurkevich A.K. Actual issues of bankruptcy of spouses // Entrepreneurial Law. Application «Law and Business». 2020. N 1. P. 39–41.
Matveev I.V. Introduction of the Institute of Joint Bankruptcy of Spouses: Problems and Prospects // Family and Housing Law. 2021. No. 3. P. 18.
Kholodenko Y.V., Berdnikov S.S. Changing the property regime of spouses in bankruptcy proceedings // Family and housing law. 2021. N 1. P. 34–36.
Olevinsky E.Y. Legal regulation of the insolvency of citizens—briefly about the important // Law. 2015. N 12. P. 53–62.
Petrova Y.O. Peculiarities of obtaining the consent of the spouse to make transactions for the disposal of property // Bulletin of the Omsk Law Academy. 2018. N 3. P. 281–284.
Rakhmatullin I.I. Some issues of initiating proceedings in the case of insolvency (bankruptcy) of the spouses // Family and housing law. 2020. N 5. P. 20–23.
Frolov I.V. The structure of exemption from the performance of obligations of a civil law nature in the procedure of out-of-court bankruptcy of a citizen // Law and Economics. 2020. No. 11 (393). pp. 15–23.
Khlyustov P.V. Joint property of the spouses: problems of formation of the bankruptcy estate of a bankrupt citizen // Law. 2015. N 12. P. 65–70.
Shishmareva T.P. The procedure for insolvency of the common property of spouses in Russia and Germany: a comparative analysis // Family and housing law. 2021. N 2. P. 34–37.
Keywords:
bankruptcy; property; composition of the bankruptcy estate; spouses; joint ownership regime; institution of joint bankruptcy of spouses; allocation of a share; determination of the value of the share of one of the spouses; compensation; spouses; former spouses; general obligations; personal obligations; solidary debtors; responsibility..
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