Regarding the concept of sale of the debtor's property in bankruptcy proceedings

Abstract

The article substantiates the theoretical and legal provisions on the concept of sale of the debtor's property in the bankruptcy process. It is established that at the legislative level the interpretation of the term "sale" is quite broad, because it covers the conclusion of sales not only contracts of sale. It is noted that it is impossible to identify the concept of "sale" and "sale", because the content load of the concept of "sale" is much wider than the content load of the term "sale". It is emphasized that the concept of "sale of the debtor's property in the process of bankruptcy" should be considered as a direct conclusion of an agreement on the alienation of the debtor's property. It is argued that the inclusion in the contracts, which mediate the sale of property at auction only agreements that provide for the transfer of ownership. Emphasis is placed on the fact that civil law contracts of sale and business contracts can be concluded in the same way at auctions for the sale of the debtor's property. It is emphasized that the provisions of the Bankruptcy Procedure Code establish an exception to the general rules on the form of these types of agreements and provide for the conclusion of auctions for the sale of property of the debtor in a simplified manner, ie by taking implicit actions. It is determined that the protocol on the auction and the act of acquisition of property at the auction are documents that state the fact of victory of the buyer under certain conditions. Based on the finalization of the provisions on the sale of the debtor's property in bankruptcy, its revised doctrinal definition is formulated as a stage in the process of selling the property, which involves concluding a contract of sale at auction in a simplified manner, on commission or direct alienation to the buyer.