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  • Очередность удовлетворения требований «предшествующих» кредиторов в рамках процедуры судебной ликвидации во Франции

Article

Очередность удовлетворения требований «предшествующих» кредиторов в рамках процедуры судебной ликвидации во Франции

Бычкова К. М.

One of the most problematic matters of the bankruptcy procedure is a fair distribution of the cost of the debtor's assets among the creditors under liquidation of the debtor. The issue becomes particularly complex for foreign creditors, who often do not have sufficient knowledge about the legal regulation of bankruptcy abroad. In this regard, it seems urgent the question of distribution priorities in foreign legal systems. In this article, the author analyzes the legislation and jurisprudence of France regarding the order of "pre-commencement" creditors’ claims settlement. At present, in this branch of law, a number of reforms have occurred and need to be scrutinized. The most part of Russian studies devoted to bankruptcy proceedings in France do not cover this field. In this study, the author describes the differences between the "pre-commencement" and "post-commencement" creditors, as well as considers the conditions for the recognition of several claims as privileged for the purposes of distribution of property of the debtor. Further, the author examines in detail the sequence established by the legislator concerning the distribution priorities as to the "pre-commencement" creditors, depending on the nature of the property (movable or immovable) to distributed. Finally, the paper presents the methods, which allow creditors to obtain satisfaction of their claims beyond the statutory priority, that is, in a preferential order. Based on the study the author concludes that there exists an economic component of the legal regulation of bankruptcy in France. By introducing certain institutions, the legislator can regulate (stimulate or repress) the activity of several businesses. At the same time, since under liquidation the purpose of the bankruptcy procedure is primarily an equitable distribution of the value of the debtor's assets among creditors, the priority of their claims is an essential characteristic of this branch of the law of a particular state. The results of this research and the conclusions may be used both by practicing lawyers to determine the status of a particular claim against the debtor and by scientific researchers in the study of various approaches to the concept and the legal regime of the "pre-commencement" claims.