Partnerships in Bankruptcy Relations

Abstract

   The simple partnership agreement remains one of the least studied, yet most promising for widespread application. The regulation proposed in Chapter 55 of the Civil Code of the Russian Federation leaves room for scholarly discussion, in particular regarding the composition of such an association, the purpose of its creation, the key characteristics defi ning such a group, and, accordingly, the possibility of identifying various associations as simple partnerships. Positions are explored regarding the classification of spouses, members of a peasant farm, parties to a corporate agreement, and other entities as simple partnerships.

   The author focuses specifically on the classification of a debtor's creditors as partnerships.

   This article proposes key features of the simple partnership agreement that distinguish this form of association from other forms of association (multiple participants, a common goal, mandatory contributions and personal management, etc.). These criteria are compared with the debtor's creditor community. A conclusion is proposed regarding the inadmissibility of perceiving the creditor community as participants in a simple partnership, with a justification for this position.