电邮这篇文章 Contract of Assignment of the Right of Claim: Features of Contesting in the Framework of the Bank's Insolvency Case
- 作者: Funtov D.A.1,2
-
隶属关系:
- "Financial University under the Government of the Russian Federation"
- Arbitration Court of the City of Moscow
- 期: 卷 15, 编号 6 (2022)
- 页面: 139-145
- 栏目: Articles
- URL: https://ogarev-online.ru/2072-3164/article/view/147726
- ID: 147726
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详细
The article analyzes the legal grounds for invalidating the contract of assignment of the right of claim and the application of the consequences of the invalidity of the transaction in the case of recognition of an insolvent credit institution. The legal proceedings in these cases within the framework of a separate dispute, as a rule, consist in the individuality of each situation and a broad interpretation in terms of the qualification of the claimed claim. This article highlights certain postulates that are used by courts in law enforcement practice and considers separate isolated disputes on the invalidation of the assignment of rights of claims. As a result of the analysis of judicial practice, problems in law enforcement practice are formulated, conclusions are drawn about the need to make additions to regulatory documents, on the basis of which specific proposals are formulated.
作者简介
Dmitriy Funtov
"Financial University under the Government of the Russian Federation"; Arbitration Court of the City of Moscow
Email: fyntovda@mail.ru
postgraduate student; secretary of the court session Moscow, Russian Federation
参考
- Belov V.A. (2000) Singulyarnoe pravopreemstvo v obyazatel'stve [Singular succession in obligation]. Moscow, YurInfoR, 2000.
- Bykov V.P., Chernikova E.V., Markelova I.V. Judicial practice on challenging suspicious transactions made by banks // Modern Law. 2022. N 7. p. 93 - 101.
- Vasilevskaya L.Y. Security assignment of a monetary claim: features of the legal structure // Russian Law Journal. 2015. N 4. pp. 68-74.
- Morkhat P.M. Invalidation of the contract of assignment of rights of claim (assignment) in the framework of the insolvency (bankruptcy) procedure: theoretical and legal aspect and analysis of judicial practice // Bulletin of the Arbitration Court of the Moscow District. 2018. N 2. pp. 56-70.
- Potikhonina Zh.N. Aspects of challenging transactions on bankruptcy grounds // Arbitration manager. 2020. N 5. pp. 26-30.
- Pushina S.A. Risks of the parties at the conclusion of the assignment agreement // Young scientist. - 2021. - № 25 (367). - Pp. 330-332.
- Shishmareva T.P. Invalidity of transactions and actions in insolvency procedures in Russia and Germany. M.: Statute, 2018.
- State Corporation Deposit Insurance Agency URL: https://www.asv.org.ru
- A complete list of banks that ceased operations due to liquidation or revocation of licenses by the Bank of Russia in the period from 1991 to 2022. URL: https://www.banki.ru
- File of arbitration cases URL: https://kad.arbitr.ru
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