Legal regime of non-monetaty claims against the debtor arising from contracts concluded before the initiation of bankruptcy proceedings

Abstract

The successful development of the economy of the Russian Federation implies the stability of civil turnover, proper fulfillment by counterparties of their obligations. The rupture of economic chains leads to an avalanchelike bankruptcy of economic entities, deterioration of the investment climate in the country. The article analyzes the issue of the possibility of a legal entity (debtor), in respect of which a bankruptcy case has been initiated, fulfilling property (non-monetary) obligations in favor of counterparties under contracts concluded before the initiation of bankruptcy proceedings against the debtor. Such execution may create preferential satisfaction of the claims of individual creditors over others with whom there are also contracts not executed by the debtor. Justified that property grants from the debtor can meet the goals of restoring the debtor’s solvency, replenishing the bankruptcy estate in the interests of all creditors, and therefore creditors’ claims for the performance of property obligations in kind should be subject to judicial protection and enforcement throughout the period of the insolvent debtor’s economic activity.