Law, Economics and Management
- Author:
- Зейдер Егор Борисович
- Work direction:
- Трудовое и предпринимательское право
- Abstract:
- The article examines current problems of legal regulation of the institution of joint bankruptcy of spouses in the Russian Federation. An analysis is conducted of the significant legislative gap in the Federal Law "On Insolvency (Bankruptcy)" and the resulting law enforcement collisions. Special attention is paid to the role of judicial practice, in particular the clarifications of the Plenum of the Supreme Court of the Russian Federation and the decisions of arbitration courts, which de facto form procedural approaches in the absence of direct norms. Based on the study of existing problems, the author formulates proposals for improving legislation in order to create an effective, economical, and fair mechanism for implementing this procedure.
- Keywords:
- bankruptcy of a citizen, joint bankruptcy of spouses, bankruptcy estate, common obligations of spouses, procedural consolidation of cases, legislative gap
Law, Economics and Management