Влияние публичного элемента в делах о банкротстве на развитие судебного правотворчества

Abstract

Bankruptcy is usually perceived as a mechanism for restoring the interests of creditors, social rehabilitation of debtors, and making liable the persons abusing the form of a legal entity, etc. Within the framework of these goals, the institution of bankruptcy is developing in such a way that also affects the classical institutions of civil law, the principles of the civil process, which significantly affects the general (non-bankrupt) civil turnover. The article explains the theses that the development of concepts and instruments new to private law within bankruptcy cases is caused by public goals of bankruptcy, over and above the protection of creditors’ interests, which forms a kind of «creditors’ equity law», whose approaches deform civil turnover and should be taken into account by participants in non-bankruptcy legal relations when structuring transactions and their execution.