INTRA-GROUP COLLATERAL IN BANKRUPTCY: PROBLEMS AND SOLUTIONS

INTRA-GROUP COLLATERAL IN BANKRUPTCY: PROBLEMS AND SOLUTIONS

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The relevance of the topic is justified by the lack of sufficient legal regulation of security structures in the framework of bankruptcy proceedings and their scientific development, which creates systemic problems in the interpretation click here and application of such structures in the bankruptcy of an entrepreneurial group.The main purpose of this study is to analyze the problems that arise in relation to intra-group collateral in bankruptcy and to find solutions to them.The issues under consideration include issues of liability and the legal position of the collateral in the bankruptcy of the main debtor.

During the research, both here general scientific methods (induction, deduction, the use of a systematic approach) and special legal methods (legal forecasting, formal legal method) were used.The conclusions of the work describe the regulation of collateral typical for the bankruptcy of an entrepreneurial group.Thus, the rationale for the expediency of intra-group collateral goes beyond the typical business practice of proving the purpose of making a profit, and affiliation can lead, among other things, to a change in the qualification of the security relationship.