The Bankruptcy of Individuals

The purpose of this final qualifying work is to review the current legislation regulating the procedure for the bankruptcy of individuals, as well as coverage of legal problems arising at the stage of formation of the bankruptcy estate. The main tasks of the final qualification work are: a) studying and establishing the features of the institution of bankruptcy of individuals; B) coverage and analysis of the main legal problems that arise in the process of formation of the bankruptcy estate. Graduation qualification work consists of an introduction, nine paragraphs, a conclusion and a list of used literature and sources. Chapter I deals with the concept and legal nature of the institution of consumer bankruptcy, the conditions for initiating proceedings in the case of bankruptcy of an individual, the goals and tasks of introducing an institution of bankruptcy of a citizen are singled out, depending on the satisfaction of whose interests they are directed. Chapter II examines the legal problems of formation of the bankruptcy estate in cases of bankruptcy of citizens, which cause the greatest number of discussions at the moment: the property of individuals registered as individual entrepreneurs; Property belonging to the debtor citizen on the right of common property with the spouse; The bankruptcy in cases of bankruptcy of a citizen in the event of his death. On the basis of the analysis, the following conclusions are formulated: firstly, the legislator has not resolved the issue of allocating the share of the debtor to which the debt may be levied in cases where the debtor property belongs to the right of common ownership with the spouse; Secondly, if a citizen is registered as an individual entrepreneur, it is problematic to determine what kind of property he uses to carry out economic activities, and what for personal purposes; Third, the legislator did not develop a mechanism for the bankruptcy of a citizen, after his death.