Controversial issues of the consequences of the invalidity of the agreement on the payment of alimony for minor children in the bankruptcy of citizens

Controversial issues of the consequences of the invalidity of the agreement on the payment of alimony for minor children in the bankruptcy of citizens

Authors

  • Ilya EREMIN Tver State University

Keywords:

alimony agreement, invalidity of transactions, alimony obligations, bankruptcy of a citizen, minor children, creditors' rights, interests of minors, consequences of invalidity of the transaction

Abstract

The article considers the problems of applying the consequences of the invalidity of the agreement on the payment of alimony for the maintenance of minors. When analyzing the relevant articles of the current Russian legislation, it was found that there was a certain conflict, leading to a dual interpretation of legal norms in judicial practice, in connection with which the need to adjust these provisions of the law was also determined. The author has formed a position regarding the mandatory application of family law norms and provisions in the field of insolvency (bankruptcy) in correlation with each other in case of recognition of an alimony agreement as invalid in the bankruptcy procedure of a debtor-citizen and the application of appropriate consequences. This approach will ensure the realization of the interests of the State in the field of protection of the rights of minors.

Author Biography

Ilya EREMIN, Tver State University

postgraduate student of the first year of study, direction of scientific specialty 5.1.3. "Private Law (Civil Sciences)", Department of Civil Law

Published

2025-01-13

Issue

Section

Трибуна молодого ученого
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