Применение в делах о банкротстве частичной реституции по сделкам с неравноценным встречным исполнением: проблемы, возникающие в правоприменении

Abstract

The relevance of the research topic is related to the fact that with the continuing increase in the number of disputed transactions in bankruptcy cases, the issue of applying partial restitution for transactions with unequal counter-execution has not been settled at the legislative level. The object of the study: maintaining a balance of interests of the creditor, the debtor and his other creditors when returning the restorative property. The purpose of the study is to find this balance. The purpose of the study determines the following tasks: to analyze the provisions of legislation, abstract explanations of higher courts and law enforcement practice. Methods used by the authors: dialectical, analysis, synthesis, comparison of judicial practice. According to the results of the study, it was concluded that there is an imbalance in the law and judicial practice between the rights and legitimate interests of the debtor and his counterparty in the conditions of partial restitution in a transaction with unequal counter-execution.