Problems of Ensuring the Protection of the Rights of Spouses in Bankruptcy Cases: Trends and Prospects

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Abstract

Purpose of the study. In this article, the author considers the problems of theory and practice that arise due to the lack of precise criteria in the bankruptcy rules that allow differentiating the bankruptcy procedure depending on the legal status of a person (the status of a spouse or ex-spouse). The article outlines the problems associated with determining the jurisdiction of such cases, the distribution of debts between spouses, the legal fate of their common joint and personal property in cases of formation of a bankruptcy estate in bankruptcy cases of one of the spouses, systematizes the regulatory conditions that make it possible to distinguish between general and personal obligations of spouses, in a state of bankruptcy. The author formulated general trends in the development of bankruptcy legislation, identified the prospects for its development, proposed ways to improve the bankruptcy procedure for one or both spouses (former spouses), formulated proposals for improving the bankruptcy rules, taking into account the established judicial practice in such cases.

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About the authors

Natalia V. Letova

Institute of State and Law of the Russian Academy of Sciences

Author for correspondence.
Email: letovanv@mail.ru
ORCID iD: 0000-0001-7033-977X
SPIN-code: 9786-0090

Dr. Sci. (Law), Chief Researcher of the Procedural Law Sector

Russian Federation, Moscow

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