TY - JOUR AU - Moroz, Viktor PY - 2021/09/30 Y2 - 2024/03/29 TI - LIABILITY OF THE HEAD OF THE DEBTOR LEGAL ENTITY IN CASE OF DISSATISFACTION OF THE CREDITORS’ CLAIMS JF - Scientific works of National Aviation University. Series: Law Journal "Air and Space Law" JA - ASL VL - 3 IS - 60 SE - Commercial Law DO - 10.18372/2307-9061.60.15969 UR - https://jrnl.nau.edu.ua/index.php/UV/article/view/15969 SP - 162-169 AB - <p><strong>Purpose:</strong> the article is devoted to the analysis of the legal mechanism of solidarity attraction of the head of the legal entity - the debtor in case of dissatisfaction with the creditors’ claims on overdue obligations. <strong>Methods of research:</strong> documentary analysis and synthesis, comparative analysis, objective truth, cognitive-analytical, etc. <strong>Results:</strong> conceptual aspects of solidarity liability of the head of the liabilities of the legal entity - the debtor in case of dissatisfaction with the creditors’ claims, the problem of introduction of the corresponding legal mechanism in the legislation of Ukraine, genesis of judicial practice on the enforcement of this legal mechanism, the comparative analysis of the solidarity liability of the head of the legal entity on its obligations in the legislation of Ukraine and other states is analyzed. <strong>Discussion:</strong> the analysis of the legal mechanism of solidarity liability of the head of the debtor legal entity in case of dissatisfaction with creditors’ claims is carried out.</p><p>The insolvency of the debtor is one of the key problems of today in the obligatory relations and the sphere of commercial law. According to the general principles of civil and commercial law, a legal entity is liable for its obligations, for the most part, independently with all property belonging to it. However, in modern realities, the practical implementation of these principles illustrates the possibility of avoiding the liability of a legal entity from liability for failure to fulfill its obligations due to lack of property. In view of the above, the possibility of bringing the head of a legal entity - the debtor to justice in case of dissatisfaction with creditors’ claims, which is reflected in the law, including the provisions of the Bankruptcy Code of Ukraine and judicial practice. However, given the novelty of the relevant legal mechanism, there are a significant number of substantive and procedural issues that require both scientific analysis and practical regulation at the legislative level and in judicial practice.</p> ER -