ESSENCE AND CLASSIFICATION OF LEGAL GUARANTEES OF CREDITORS’ RIGHTS

Objective: to conduct a comprehensive study of the concept of legal guarantees of creditors’ rights and to identify some features of guarantees on the basis of the presented classification. Methods: general scientific (deduction, comparative and system analysis, formal logical method) and special (...

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Main Author: A. M. Sil’Chenko
Format: Article
Language:English
Published: Tatar Educational Center “Taglimat” Ltd. 2014-06-01
Series:Russian Journal of Economics and Law
Subjects:
Online Access:https://www.rusjel.ru/jour/article/view/1628
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author A. M. Sil’Chenko
author_facet A. M. Sil’Chenko
author_sort A. M. Sil’Chenko
collection DOAJ
description Objective: to conduct a comprehensive study of the concept of legal guarantees of creditors’ rights and to identify some features of guarantees on the basis of the presented classification. Methods: general scientific (deduction, comparative and system analysis, formal logical method) and special (comparative legal and structural-functional methods). Results: basing on the evaluation of different scientists’ opinions, the definition of the notion «legal guarantees of creditors’ rights» is given. Four classifications of legal guarantees of creditors’ rights are proposed. Scientific novelty: author's definition of the notion «legal guarantees of creditors’ rights» is given. The essence of legal guarantees in general and legal rights of creditors in particular is defined. Classifications of legal guarantees of creditors’ rights are given: by the content and methods of implementation of creditors’ rights guarantees; by forms of providing guarantees to creditors; general and special guarantees; by the form of termination of legal person’s activity. The classifications are described in detail through examples. Practical value: the results of this research can be used in scientific-research activity. Theoretical conclusions formulated in the work can be used in the process of improving of the existing legislation and practice of its application.
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spelling doaj-art-1529db2fc63347069fb0cb2cdd4166ad2025-08-20T03:45:55ZengTatar Educational Center “Taglimat” Ltd.Russian Journal of Economics and Law2782-29232014-06-01021561611626ESSENCE AND CLASSIFICATION OF LEGAL GUARANTEES OF CREDITORS’ RIGHTSA. M. Sil’Chenko0Institute of Economics, Management and Law (Kazan)Objective: to conduct a comprehensive study of the concept of legal guarantees of creditors’ rights and to identify some features of guarantees on the basis of the presented classification. Methods: general scientific (deduction, comparative and system analysis, formal logical method) and special (comparative legal and structural-functional methods). Results: basing on the evaluation of different scientists’ opinions, the definition of the notion «legal guarantees of creditors’ rights» is given. Four classifications of legal guarantees of creditors’ rights are proposed. Scientific novelty: author's definition of the notion «legal guarantees of creditors’ rights» is given. The essence of legal guarantees in general and legal rights of creditors in particular is defined. Classifications of legal guarantees of creditors’ rights are given: by the content and methods of implementation of creditors’ rights guarantees; by forms of providing guarantees to creditors; general and special guarantees; by the form of termination of legal person’s activity. The classifications are described in detail through examples. Practical value: the results of this research can be used in scientific-research activity. Theoretical conclusions formulated in the work can be used in the process of improving of the existing legislation and practice of its application.https://www.rusjel.ru/jour/article/view/1628guaranteelegal guaranteetoolmeanscreditorclassification
spellingShingle A. M. Sil’Chenko
ESSENCE AND CLASSIFICATION OF LEGAL GUARANTEES OF CREDITORS’ RIGHTS
Russian Journal of Economics and Law
guarantee
legal guarantee
tool
means
creditor
classification
title ESSENCE AND CLASSIFICATION OF LEGAL GUARANTEES OF CREDITORS’ RIGHTS
title_full ESSENCE AND CLASSIFICATION OF LEGAL GUARANTEES OF CREDITORS’ RIGHTS
title_fullStr ESSENCE AND CLASSIFICATION OF LEGAL GUARANTEES OF CREDITORS’ RIGHTS
title_full_unstemmed ESSENCE AND CLASSIFICATION OF LEGAL GUARANTEES OF CREDITORS’ RIGHTS
title_short ESSENCE AND CLASSIFICATION OF LEGAL GUARANTEES OF CREDITORS’ RIGHTS
title_sort essence and classification of legal guarantees of creditors rights
topic guarantee
legal guarantee
tool
means
creditor
classification
url https://www.rusjel.ru/jour/article/view/1628
work_keys_str_mv AT amsilchenko essenceandclassificationoflegalguaranteesofcreditorsrights