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

List of issues > Siberian Law Herald 2022. 3

Received on 20.04.2022; approved on 10.06.2022; accepted for publication on 07.09.2022


Instruments for the protection of the interests of creditors of Russian business companies. Part 2

Author(s)
Klimovich Alexander Vladimirovich
Abstract
It has been established that in addition to 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 protection of interests of creditors of business companies in a number of standard situations for a legal entity. In the first part of the article application of various protection means was considered, in particular, at the stage of creation of a company and formation of its property; on obligations arising in the course of fulfillment by the company of the instructions of the parent company in the course of its current activity; when a company reduces its authorized capital; the specifics of protection of creditors’ interests, who are owners of equity securities (not its shareholders), were described in detail. The second part of the article continues the consideration of application of various creditor protections, in particular, in reorganization and liquidation of the company; in its insolvency (bankruptcy), the specifics of creditor interests protection, which are represented by the company’s individual consumers, were revealed in detail. Some problems of practical application of these means of protection were revealed.
Keywords
economic society, guarantees of creditors of economic society, reorganization, liquidation, insolvency (bankruptcy).
About the Authors
Klimovich Alexander Vladimirovich – Head of the Department of Civil Law, Candidate of Juridical Sciences, Associate Professor, 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' 2 [Instruments for the protection of the interests of creditors of Russian business companies. Part 2] Sibirskij yuridicheskij vestnik [Siberian Law Herald]. 2022, no 3(98), pp. 34–40. DOI 10.26516/2071-8136.2022.3.34. (in Russian).
UDC
347.72
DOI
https://doi.org/10.26516/2071-8136.2022.3.34
References
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4. Kuznetcov A.A. Reorganizatsiya khozyaistvennykh obshchestv: grazhdansko-pravovye sposoby zashchity prav i interesov uchastnikov i kreditorov [Reorganization of Business Companies: Civil Law Methods to Protect the Rights and Interests of Participants and Creditors]. Cand. sci. diss. abstr. Moscow, 2021, 54 p. (in Russian)

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