Journal of Siberian Federal University. Humanities & Social Sciences / Subordination of the Requirements of Construction Participants in the Bankruptcy Case of the Developer

Full text (.pdf)
Issue
Journal of Siberian Federal University. Humanities & Social Sciences. 2023 16 (5)
Authors
Shishmareva, Tatiana P.; En’kova, Ekaterina E.
Contact information
Shishmareva, Tatiana P.: Kutafin Moscow State Law University (MSAL) Moscow, Russian Federation; ; ORCID: 0000-0001-7697-2533; En’kova, Ekaterina E.: Kutafin Moscow State Law University (MSAL) Moscow, Russian Federation; ; ORCID: 0000-0002-7133-6703
Keywords
bankruptcy procedures; bankruptcy of the developer; construction participant; payment of compensation; subordination of claims; investment nature of the claims; standard of proof
Abstract

This article explores the issue of lowering the priority of satisfying the demands of creditors who are participants in construction and have the status of construction participants. The article presents an analysis of changes in the concept of “construction participant” in connection with the gradual inclusion of only citizens who meet their housing needs. The article concludes that participants in construction who have both monetary and non-monetary claims against the developer have a special status in bankruptcy proceedings. The legal positions of the Supreme Court of the Russian Federation regarding the lowering of the priority of construction participants who pursue investment goals rather than meeting their housing needs are analyzed. The article proposes using a higher standard of proof when establishing the demands of a construction participant to confirm the purpose of using the residential premises

Pages
775–782
EDN
LBPGQK
Paper at repository of SibFU
https://elib.sfu-kras.ru/handle/2311/150119

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