Влияние аффилированности на банкротство

Цивилистика. 2021. № 2. С. 20–67.

Egorov A.

Unfortunately, according to the observations of the author of the article, in a number of judicial acts of arbitration courts, errors and inaccuracies related to affiliation were made. In other words, there is an inadequate reaction to a structure that is incomprehensible to the law enforcer. Often the courts refer to affiliation as a matter of course and make radical conclusions, for example, that since the parties are affiliated, then the payment of one person for another is always justified and cannot be challenged as a transaction to the detriment of the payer's creditors. However, in fact, the approaches should be different for different types of affiliation: if the parent company pays for the subsidiary, then the solution is one, if it is the other way around, then perhaps it is another. Therefore, the author encourages readers to more subtle work with the concept of affiliation. It is to this problem that this article is devoted.

Keywords: Аффилированность при банкротстве, affiliation in bankruptcy