Joint liability of the reorganized legal entity as an element of the mechanism of creditor's rights protection

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Purpose: A study of the possibility of applying the provisions of Art. 60 of the Civil Code of the Russian Federation by creditors on obligations, the due date for which has already expired by the time of publication of the reorganization notice. Methodology: Various general scientific and special legal methods were used, such as analysis, synthesis, generalizing and legalistic method. Results: The analysis of the current legislation and enforcement practice concluded that creditors for obligations whose due date has occurred are placed in a less favorable position than creditors for obligations with a due date which has not come. As a result, the rights and legitimate interests of interested persons are violated, as well as the fundamental principles of civil law. It is concluded that the provisions of Art. 60 of the Civil Code of the Russian Federation shall be applied only in the way of taking into account the equality of all creditors’ rights. Novelty/originality/value: In the article, joint liability for the obligations of a reorganized legal entity is considered not as a sanction, but as an element of the mechanism (method) for the protection of creditor’s rights. The suggested conclusions can be used to fill the corresponding gaps in the legal regulation of the reorganization of legal entities.


Mechanism for the protection of the rights, reorganization, protection of creditor's rights, civil liability, joint liability

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IDR: 140257910   |   DOI: 10.52068/2304-9839_2021_50_1_44

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