The relationship between general and special grounds for invalidating debtor transactions in rehabilitation and bankruptcy

S.I. Kopzhassarova, Edvardas Juchnevicius

2024

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DOI 10.31489/2024l3/153-162
Data confidence 70 medium
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Abstract

The purpose of the study is to conduct a comprehensive analysis considering the relationship between general and special grounds for invalidating transactions within the framework of rehabilitation and bankruptcy procedures, as well as a comparative review of the legislation of other countries. The methodological basis of the research is made up of general and specific methods, such as formal logical, scientific analysis and synthesis, comparative legal, historical and legal. As a result of the study, the emergence and development of competitive and non-competitive challenging of the debtor's transaction as the Institute of Actio Pauliana-Paulian claim, which developed in Ancient Rome, was examined. The features of recognizing a debtor's transaction as invalid on general and special grounds in accordance with the legislation of the Russian Federation, Germany, France are considered, and an analysis of the norms of regulatory acts of the Republic of Kazakhstan is carried out. In addition, the advantages of challenging on special grounds were analyzed, emphasizing the differences in the subject of challenging a transaction in declaring a transaction invalid on general and special grounds. In conclusion, the importance of maintaining a balance between general and special grounds is substantiated, and conclusions are drawn that in order to form a unified judicial practice in domestic legislation, it is necessary to clarify the mechanisms for applying in practice the general and special grounds for recognizing a debtor’s transaction as invalid.