Application of the rules on restitution in bankruptcy

Abstract

The work is devoted to the application of rules on restitution within the framework of bankruptcy proceedings. The main provisions on the legal nature of declaring transactions invalid according to the rules of the Bankruptcy Law are considered. The advantages and disadvantages of using restitution are assessed, the norms of the chapter of the Civil Code of the Russian Federation on unjust enrichment are analyzed from the point of view of their application to the situations specified in paragraph 1 of Art. 61.6 of the Bankruptcy Law. The current judicial practice on the application of rules on unjust enrichment in the framework of challenging a transaction in bankruptcy has been studied. It is concluded that there are some problems in the application of the rules on unjust enrichment and options for their solution are proposed.