THE IMPLEMENTATION OF THE EQUALITY OF CREDITORS PRINCIPLE IN CASE OF CONTRACTOR’S INSOLVENCY TO PERFORM WORKS AND TRANSFER THE RESULTS

Abstract

The purpose of the article is to identify the possibility of implementing the principle of creditors equality in case of contractor’s insolvency. The author analyzes the legislation on bankruptcy, as well as civil legislation in terms of regulation of the contract, studied the explanations of Higher Courts, as well as judicial practice in specific cases. The analysis showed that the requirement to perform the work and transfer the results of the debtor in favor of the customer is a requirement the performance of which involves the principle of creditors equality, while its satisfaction on an individual basis may be challenged under the rules of preferential satisfaction. The practical significance of the study lies in the possibility of applying the rules of inadmissibility of preferential satisfaction in cases of individual satisfaction of customers’ claims to insolvent contractors in judicial practice. The article is addressed to researchers, teachers, judges, practicing lawyers dealing with insolvency (bankruptcy).