Essence and classification of legal guarantees of creditors’ rights

• Main Author: Aleksandra M. Sil’chenko
• Format: Article
• Language: English
• Published: Tatar Educational Center "TAGLIMAT" Ltd. 2014-01-01
• Series: Aktualʹnye Problemy Èkonomiki i Prava
• Subjects: guarantee
• Online Access: http://apel.ieml.ru/storage/archive_articles/8636.pdf
• ISSN: 1993-047X; 2410-0390

Objective to conduct a comprehensive study of the concept of legal guarantees of creditorsrsquo 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 structuralfunctional methods. Results basing on the evaluation of different scientistsrsquo opinions the definition of the notion laquolegal guarantees of creditorsrsquo rightsraquo is given. Four classifications of legal guarantees of creditorsrsquo rights are proposed. Scientific novelty author39s definition of the notion laquolegal guarantees of creditorsrsquo rightsraquo is given. The essence of legal guarantees in general and legal rights of creditors in particular is defined. Classifications of legal guarantees of creditorsrsquo rights are given by the content and methods of implementation of creditorsrsquo rights guarantees by forms of providing guarantees to creditors general and special guarantees by the form of termination of legal personrsquos activity. The classifications are described in detail through examples. Practical value the results of this research can be used in scientificresearch activity. Theoretical conclusions formulated in the work can be used in the process of improving of the existing legislation and practice of its application.