Determination of the unequal value of consideration when challenging suspicious transactions of the debtor

Determination of the unequal value of consideration when challenging suspicious transactions of the debtor

Authors

  • Vladimir KONDRATIEV Russian State University of Justice, Moscow

Keywords:

challenging transactions, unequal consideration, bankruptcy, invalidity of transactions, share in the authorized capital, equivalence

Abstract

The object of the study is the legal relations that arise when challenging suspicious transactions of the debtor on the basis of unequal consideration in accordance with the bankruptcy legislation. Based on the analysis of legislation, law enforcement practice, and scientific literature, the author examines approaches to determining the criteria for unequal consideration. The article substantiates the conclusion about the need to use an evaluative approach, since the rules of bankruptcy legislation in terms of invalidity of transactions apply to actions of different industry nature, accordingly, additional factors arise that influence the determination of the equivalence of consideration.

Author Biography

Vladimir KONDRATIEV, Russian State University of Justice, Moscow

PhD of Law, Associate Professor, Associate Professor of the Department of Entrepreneurial and Corporate Law 

Published

2025-01-13

Issue

Section

Актуальные вопросы частного права
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