CLASSIFICATION OF TYPES AND FORMS OF ABUSE OF RIGHTS IN INSOLVENCY (BANKRUPTCY) OF LEGAL ENTITIES

Author(s): Maksurov A.A.

Rubric: Relevant issues of private law

DOI: 10.21777/2587-9472-2025-4-20-30

Release: 2025-4 (48)

Pages: 20-30

Keywords: abuse of rights, bankruptcy, insolvency, chicane, transaction, violation of rights, protection of bona fide persons, lawful conduct

Annotation: The subject of this study is the specificities of distinguishing cases of abuse of rights in the framework of insol- vency (bankruptcy) proceedings of legal entities. The author uses a logical classification technique that provides a systematic look at the usually proposed chaotic definition of forms (types) of abuse of law in bankruptcy. The issues of the relationship between form and content in the context of abuse of rights as a special type of behavior are investigated. As a result, the author suggests considering the types of abuse of law in bankruptcy without separating this type of misconduct from its harmful results. The work criticizes both the positions of researchers who identify forms and types of abuse of rights in bankruptcy and the opinions of scientists who distinguish be- tween these concepts, but not always on the right grounds, or draw incorrect conclusions from such distinctions. The need to distinguish six forms (types) of abuse of rights in bankruptcy of legal entities, which are distinguished from types of abuse of rights, is substantiated. New arguments are presented to support the classification of abuse of law in bankruptcy as proposed in the doctrine, as well as additional classifications. These additions should include possible changes in civil legislation aimed at protecting the interests of participants in the insolvency (bankruptcy) case of legal entities, other interested parties, the State and society as a whole from misconduct resulting in abuse of law. In the text of the article, the Russian Federation is abbreviated as RF.

Bibliography: Maksurov A.A. CLASSIFICATION OF TYPES AND FORMS OF ABUSE OF RIGHTS IN INSOLVENCY (BANKRUPTCY) OF LEGAL ENTITIES // Journal of Legal Sciences. – 2025. – № 4 (48). – С. 20-30. doi: 10.21777/2587-9472-2025-4-20-30