SIBERIAN LAW HERALD
ISSN 2071-8136 (print)
ISSN 2071-8144 (online)

List of issues > Siberian Law Herald 2022. 2

Received on 21.12.2021; approved on 02.03.2022; accepted for publication on 13.05.2022


Instruments for the protection of the interests of creditors of russian business companies. Part 1

Author(s)
Klimovich Alexander Vladimirovich
Abstract
It has been established that in addition to the general methods of protection of subjective civil rights and methods of protection of creditor’s rights provided for by the general provisions on obligations, Russian civil legislation offers to use special tools for the protection of interests of creditors of business companies in a number of standard situations for a legal entity. The first part of the article deals with the application of various remedies, in particular, at the stage of creation of a business company and formation of its property; on obligations arising in the course of execution by the company in the course of current activities of the instructions of the parent company; when a business company reduces its authorized capital. The specifics of protection of interests of creditors, which are the owners of emission securities of the company (which are not its participants), have been disclosed in detail. Some problems of practical application of these means of protection are revealed.
Keywords
society, guarantees of creditors of economic society, reduction of share capital, reorganization
About the Authors
Klimovich Alexander Vladimirovich – Candidate of Juridical Sciences, Associate Professor, Head of the Department of Civil Law, Law Institute, Irkutsk State University (1, K. Marx st., Irkutsk, 664003, Russian Federation), e-mail: a-klimovich@mail.ru
For citation
Klimovich A. V. Instrumenty zashchity interesov kreditorov rossijskih hozyajstvennyh obshchestv. CHast' 1 [Instruments for the protection of the interests of creditors of russian business companies. Part 1] Sibirskij yuridicheskij vestnik [Siberian Law Herald]. 2022, no 2(97), pp. 61–67. DOI 10.26516/2071-8136.2022.2.61. (in Russian).
UDC
347.72
DOI
https://doi.org/10.26516/2071-8136.2022.2.61
References
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2. Gutnikov O.V. Korporativnaya otvetstvennost’ v grazhdanskom prave [Corporate liability in civil law] monograph. Moscow, Institute of Legislation and Comparative Law under the Government of the Russian Federation Publ., 2019. 488 p. (in Russian)

3. Afanaseva E.G., Vaypan V.A., Gabov A.V. et al. Korporativnoe pravo [Corporate Law] in 2 vol. Vol. 1. Ex. ed. I.S. Shitkina. Moscow, Statut Publ., 2017, 976 p. (in Russian)

4. Mihalev K.A. Zashchita prav kreditorov khozyaistvennogo obshchestva ot ispol’zovaniya konstruktsii obshchestva v protivorechii s ee naznacheniem [Protection of the rights of creditors of a business company from the use of the structure of the company in contradiction with its purpose]. Cand. sci. diss. Ekaterinburg, 2015, 235 p. (in Russian)

Full text (russian)