Comparative legal analysis of the regulation of the invalidity of agreements on the payment of alimony for the maintenance of minor children in bankruptcy proceedings of citizens in the Russian Federation and the People's Republic of China
Keywords:
comparative law, bankruptcy of citizens, alimony agreement, invalidity of transactions, spouse's responsibility, protection of interestsAbstract
The article provides a comparative legal analysis of the regulation of the invalidity of agreements on the payment of alimony for the maintenance of minor children in bankruptcy proceedings of citizens in the Russian Federation and the People's Republic of China. The author analyzes the provisions of the Russian Federal Law "On Insolvency (Bankruptcy)" and Chinese local experimental regimes: the Regulation on Bankruptcy of Individuals in the Shenzhen Special Economic Zone and the Regulation of the Xiamen Special Economic Zone on Bankruptcy protection for individuals. Key differences have been identified: the unified nature of Russian regulation against local experiments in China; the dual family-legal nature of the alimony agreement in Russia and its civil nature in China; the presence in Chinese legislation of mechanisms of property liability of the spouse of the person concerned for the conclusion of an invalid alimony agreement, including administrative and criminal risks, which is not typical the Russian legal system.