Abstract

The article analyses the peculiarities of bankruptcy of citizens. There are general and special insolvency procedures that are introduced over the property of citizens. The conclusion is made about the identity of regulation of consumer and commercial insolvency of citizens, in connection with which the rehabilitation of the entrepreneur’s enterprises is difficult. Particular attention is paid to the insolvency procedure of the mass of succession, as well as the insolvency procedure of the common property of spouses, qualified as special procedures, to which the rules on ordinary procedures are applied in a subsidiary manner. It is concluded that the heir, by virtue of a legal fiction, fulfils the rights and obligations of the debtor in the insolvency procedure in the event of the death of the testator. The emergence of the insolvency procedure of the common property of the spouses is noted, since it is introduced in judicial practice simultaneously regarding several separate property masses. The comparison of legal regulation and the objectives of procedures concerning separate masses of succession in Russia and Germany is made.

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call

Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.