Subsidiary Liability in the Legislation on Legal Entities: Issues of Legal Regulation and Legal Nature (original) (raw)

Law. The Journal of the Higher School of Economics, 2018

Abstract

The article deals with theoretical and practical issues of legal regulation of subsidiaryliability in the legislation on legal entities. It is noted that the norms on subsidiary liabilityin the legislation lack a system approach. They do not provide clear answers to a numberof key questions: applying subsidiary liability including the nature and size of claims whichmay be set by creditor for the subsidiary debtor; on the grounds of such claims (illegalbehavior of the principal debtor or a wrongdoing of a subsidiary debtor); the conditionsof lodging a claim and the conditions of meeting such claims; the procedural status ofthe principal debtor and involving it to the action against subsidiary debtor; confirmingthe lack of property or money as to the principal debtor as a condition of meeting claimstowards the subsidiary debtor; the nature and size of regressive claims of the subsidiarydebtor against the principal one; the grounds of changing or terminating subsidiaryliability etc. Th...

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