{"title":"保护俄罗斯商业公司债权人利益的文书。第1部分","authors":"A. Klimovich","doi":"10.26516/2071-8136.2022.2.61","DOIUrl":null,"url":null,"abstract":"It has been established that in addition to the general methods of protection of subjective civil rights and methods of protection of creditor’s rights provided for by the general provisions on obligations, Russian civil legislation offers to use special tools for the protection of interests of creditors of business companies in a number of standard situations for a legal entity. The first part of the article deals with the application of various remedies, in particular, at the stage of creation of a business company and formation of its property; on obligations arising in the course of execution by the company in the course of current activities of the instructions of the parent company; when a business company reduces its authorized capital. The specifics of protection of interests of creditors, which are the owners of emission securities of the company (which are not its participants), have been disclosed in detail. Some problems of practical application of these means of protection are revealed.","PeriodicalId":126097,"journal":{"name":"Siberian Law Herald","volume":"86 3","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Instruments for the protection of the interests of creditors of russian business companies. Part 1\",\"authors\":\"A. Klimovich\",\"doi\":\"10.26516/2071-8136.2022.2.61\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"It has been established that in addition to the general methods of protection of subjective civil rights and methods of protection of creditor’s rights provided for by the general provisions on obligations, Russian civil legislation offers to use special tools for the protection of interests of creditors of business companies in a number of standard situations for a legal entity. The first part of the article deals with the application of various remedies, in particular, at the stage of creation of a business company and formation of its property; on obligations arising in the course of execution by the company in the course of current activities of the instructions of the parent company; when a business company reduces its authorized capital. The specifics of protection of interests of creditors, which are the owners of emission securities of the company (which are not its participants), have been disclosed in detail. Some problems of practical application of these means of protection are revealed.\",\"PeriodicalId\":126097,\"journal\":{\"name\":\"Siberian Law Herald\",\"volume\":\"86 3\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"1900-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Siberian Law Herald\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.26516/2071-8136.2022.2.61\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Siberian Law Herald","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.26516/2071-8136.2022.2.61","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Instruments for the protection of the interests of creditors of russian business companies. Part 1
It has been established that in addition to the general methods of protection of subjective civil rights and methods of protection of creditor’s rights provided for by the general provisions on obligations, Russian civil legislation offers to use special tools for the protection of interests of creditors of business companies in a number of standard situations for a legal entity. The first part of the article deals with the application of various remedies, in particular, at the stage of creation of a business company and formation of its property; on obligations arising in the course of execution by the company in the course of current activities of the instructions of the parent company; when a business company reduces its authorized capital. The specifics of protection of interests of creditors, which are the owners of emission securities of the company (which are not its participants), have been disclosed in detail. Some problems of practical application of these means of protection are revealed.