Chorna Y. World bankruptcy systems: economic and legal aspects

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U003219

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

27-09-2018

Specialized Academic Board

Д 11.170.02

Institute of Economic and Legal Research of the National Academy of Sciences of Ukraine

Essay

The dissertation is devoted to the study of the world’s leading bankruptcy systems of the leading economic countries in the aspect of their economic and legal implementation. The evolution of the bankruptcy institute since initiation of the mechanisms of competition law to the modern tendencies of establishing the international bankruptcy doctrine has been analyzed. Concepts and features of bankruptcy systems have been characterized, the elements of the bankruptcy system distinguished, and classification of existing bankruptcy systems carried out. The rationale of separating the universal legal category as effective bankruptcy system has been substantiated and the comparative legal analysis of the domestic bankruptcy system alongside with bankruptcy systems of the United States, Great Britain, Canada, Germany, France, Italy, China and Japan has been performed. There have been established main goals and principles of effective bankruptcy system. Comprehensive study of the selected bankruptcy systems has been carried out by comparatively legal analysis of certain mechanisms of competition law. The main group of problems of the bankruptcy system of Ukraine has been described and practical recommendations for reforming the law of insolvency and bankruptcy of Ukraine offered.

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