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Bankruptcy in the world history and in civil law of Russia
I will remind at first of historically developing relation to the bankruptcy. There was time when the law allowed to execute the poor debtor. The bankrupt was equated to the thief, a collar was put on him and he was placed by a pillory. The inconsistency was associated with a shame. For example, Napoleon compared the poor debtor to the captain who has left the ship, and the inconsistency fact considered as a crime. And let it be from the laws of XII tables, resolving to the creditor to split the poor debtor into parts, we are separated by centuries, and the attention of the legislator from a body incapable to pay the debtor has passed to its property, the relation to a bankruptcy problem as the most serious, demanding the flexible, thought over, effective legal regulation, has remained and today.
In pre-revolutionary Russia the whole system of norms about bankruptcy which have formed the competitive right has been created. Civil-law regulation of bankruptcy has appeared to be a difficult thing. On processing of the norms were spent without exaggeration the centuries. Marks of development of the competitive right were «the Bankrupt Charter» from December, 15th 1740г., «the Charter about bankrupts» from December, 19th, 1800, «the Charter about a trading inconsistency» from June, 23rd 1832
In Russia it was difficult not only to create the legislation on bankruptcy, but also to apply. Under the certificate of a well know Russian civilest G.F.Shershenevich, many articles have been constructed so difficult that complicated not only the trading persons, but also skilled lawyers.
The history studying, the reference to the Russian traditions of civil-law regulation of bankruptcy is represented to be a necessary matter. The present stage of development of civil law, including a problem of civil-law regulation of bankruptcy, is not that other, as a new coil of development of that mechanism which was put in Russia throughout XVIII and XIX centuries.
The first project of the federal law on an inconsistency (bankruptcy) has been developed in 1992. It was an attempt to synthesize the elements of the legislation of the countries of the developed capitalism: the USA and the European states. But in America and Europe (except France) a different orientation if it is possible so to say, cases about bankruptcy: behind ocean a priority of interests of the debtor; he, the debtor, often also brings action about his own inconsistency. In the majority of the European countries, on the contrary, interests of creditors are the priority. Mixture of systems, or if you want, principles, in the law of 1992 did not result in anything good. The law remained not activated.
Practically all of us remember the times when it was possible to buy a thing even if one had not enough money. Credit was a simple way out. No wonder that now many of those who hunted for a loan, are searching for how to avoid bankruptcy.
Those people who happened to get into the situation when their expenses exceed their earnings, definitely should search for ways to avoid bankruptcy.
Being in such condition it is wise to use any ways to get over it. Use such unique opportunity as the online technologies. Using them at full capacity could give great results. Making use of search engines, forums, social networks,web sites one can discover many tips to avoid bankruptcy and a great deal of other important info. Also subscribing to RSS feed on this blog will help to be aware of new publications and tips on the topic.
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