Проблемные вопросы общей собственности супругов при банкротстве

Abstract

The article examines the problem of determining the order of satisfaction of creditors' claims in the case of bankruptcy of one of the spouses, when the property is jointly owned by the spouses. The author focuses on the relationship between the general and personal obligations of the spouses, and provides an example of their repayment from the proceeds of the sale of the common property. The purpose of the study is to justify a legal model that ensures the priority satisfaction of the general debts of the spouses before the division of the property and the transition to the repayment of the personal debts of each spouse. The research objectives include: analyzing the existing judicial practice approach to the distribution of proceeds from the sale of joint property of spouses in bankruptcy; identifying theoretical and practical contradictions in the current model; developing an alternative sequence for meeting obligations; and formulating principles of legal regulation that ensure a balance between the interests of spouses and creditors. The object of the study is the property relations between spouses in the event of one of them going bankrupt. The subject of the study is the mechanism for meeting the claims of creditors when levying on common property. The methodological framework of the study includes system-structural, comparative-legal, and formal-logical methods, as well as the method of legal modeling to develop an optimal sequence of calculations between spouses and creditors.