The Mechanism of Protection of Rights of Spouses in an Insolvency (Bankruptcy) Procedure: The Retrospective Analysis

In a retrospective review of the features of the rights of spouses and the features of ensuring these rights within the framework of the institution of insolvency (bankruptcy), the author comes to the conclusion that the more attention we pay to the conceptual foundations of family law when analyzing the rights and obligations of spouses in bankruptcy, the more, it becomes more clear to us why some property is included in the bankruptcy estate, and some is not, which affects the recognition of the debtor as insolvent. Secondly, understanding the essence of marital legal relations — previously their “personal” element, and at present — the close economic and legal relationship of spouses when they make up a household, makes it possible to make reasonable proposals for improving the institution of insolvency (bankruptcy).