Realization of the right to exemption from liability when concluding a settlement agreement by business entities

 
PIIS160565900029550-9-1
DOI10.61205/S160565900029550-9
Publication type Article
Status Approved
Authors
Occupation: Associate Professor
Affiliation: University of Tyumen
Address: Tyumen, 38 Lenina St., Tyumen, 625000, Russia
Abstract

The authors analyze the possible consequences of the plaintiff's/recoverer's right to release the defendant/debtor from civil liability as a result of concluding a settlement agreement approved by the court.

During the research, general scientific methods were used: dialectical, systemic, structural-functional, logical, as well as private methods of scientific research - formal-logical, structural-legal, legal-technical.

The paper considers the issues that arise when challenging a settlement agreement concluded on the eve of bankruptcy. In particular, the dispute by the arbitration manager of the judicial act on the approval of the settlement agreement on bankruptcy grounds (Articles 61.2, 61.3 of Federal Law No. 127-FZ dated 10/26/2002 "On Insolvency (Bankruptcy)") after the cancellation of the court's ruling, in connection with the recognition of the arguments of the arbitration administrator as worthy of attention during the new consideration by the court of the issue of approving the settlement agreement. Often in such cases, the arbitration manager refuses to approve the settlement agreement by referring to the signing of the settlement agreement by the previously acting executive body of the legal entity, whose powers have been terminated with the introduction of bankruptcy proceedings. The analysis of judicial practice on this issue indicates its heterogeneity, in connection with which the authors analyze the legal nature of the settlement agreement, investigate the possibility of the arbitration manager's refusal to conclude a settlement agreement with reference to its signing by the former director of the legal entity, assess the position of the Supreme Court of the Russian Federation regarding the procedure for considering cases when appealing a judicial act, approval of the settlement agreement by the arbitration manager. The authors concluded that the powers of the district court in such disputes should be expanded.

Keywordssettlement agreement, transaction, release from liability, bankruptcy, balance of interests of the parties, debt forgiveness.
Received09.01.2024
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