破产监管的当代趋势

Bekhzod Hudaybergenov
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引用次数: 0

摘要

本文探讨了破产法律规制的方法。特别地,分析了国家采用的原债权人和原债务人制度,并描述了它们的特点和区别。根据乌兹别克斯坦的立法,以及为民事态度参与者的利益服务的立法类型,有关于破产制度的科学结论。在根据两个目标- -公平分配风险和使债务人资产的价值最大化- -建立破产制度时,特别注意信贷政策的目标。以欧洲和美国为例,分析了破产监管的模式,并将其经验与乌兹别克斯坦的做法进行了比较。特别是,已经确定的是,康复规范出现在美国立法中,并随后被欧洲国家用作典范,许多国家的立法目前正在改进其关于债务人康复的立法。还就改进乌兹别克斯坦破产概念的必要性和应在其中反映的优先事项提出了分析性结论、想法和建议。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
CONTEMPORARY TRENDS IN INSOLVENCY REGULATION
This article examines approaches to the legal regulation of insolvency. In particular, the procreditor and prodebitor regimes adopted by the state are analyzed, and their features and differences are described. There are scientific conclusions about the regime of insolvency based on the legislation of Uzbekistan, and the type of legislation that serves the interests of participants in civil attitudes. Particular attention has been paid to the objectives of the credit policy when establishing insolvency regimes, based on two goals – fair distribution of risks and maximizing the value of the debtor’s assets. The models of insolvency regulation are analyzed from the example of the countries of Europe and the USA, their experience is compared with the practice of Uzbekistan. In particular, it has been established that rehabilitation norms appeared in US legislation and were subsequently used as a model in European countries, and the legislation of many countries is currently improving its legislation on the rehabilitation of the debtor. Analytical conclusions, ideas, and recommendations have also been developed on the need to improve the concept of insolvency in Uzbekistan and the priorities that should be reflected in it.
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