Dutka V. Abuse of rights in a bankruptcy case

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U103891

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

30-09-2021

Specialized Academic Board

К 11.737.02

Donetsk Law Institute

Essay

The thesis is devoted to the study of abuse of rights in a bankruptcy case. The concept of abuse of rights in a bankruptcy case is revealed, which is proposed to be defined as unscrupulous behavior of participants in bankruptcy proceedings, which consists in the use of legal norms to satisfy their own interests or to the detriment of other parties and society. The subjects of abuse of rights in the bankruptcy case are described. The classification of abuse of rights in the bankruptcy case has been carried out. Features of abuse of rights at different stages of bankruptcy proceedings are described, in particular: abuse of rights at the stage of opening bankruptcy proceedings, abuse of rights at the stage of disposition of the debtor's property, abuse of rights during rehabilitation and liquidation proceedings. Procedural abuses in the bankruptcy case have been investigated. The mechanism of combating abuse of rights in the bankruptcy case is revealed. The invalidation of the debtor’s transactions is described as a measure to counteract the abuse of rights in a bankruptcy case

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