ON THE ISSUE OF THE DISTRIBUTION OF THE BURDEN OF PROOF IN DISPUTES ON THE RECOGNITION OF A CREDITOR’S CLAIM AS A COMMON OBLIGATION OF SPOUSES IN A BANKRUPTCY CASE OF A CITIZEN
Relevance: In the framework of bankruptcy cases of citizens, isolated disputes on the recognition of a creditor’s claim as a common obligation of spouses have become widespread. However, the courts take opposite positions on the issue of the distribution of the burden of proof in such disputes. This...
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| Main Author: | |
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| Format: | Article |
| Language: | English |
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LLC «MIAS Expert»
2025-01-01
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| Series: | Legal Bulletin |
| Subjects: | |
| Online Access: | https://en.legalbulletin.ru/data/documents/LB2024no4_15.pdf |
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| Summary: | Relevance: In the framework of bankruptcy cases of citizens, isolated disputes on the recognition of a creditor’s claim as a common obligation of spouses have become widespread. However, the courts take opposite positions on the issue of the distribution of the burden of proof in such disputes. This leads to a violation of the principle of uniformity of judicial practice, the rights of creditors and spouses of debtors. Main objective: Analysis of the problems of imposing the evidentiary burden on the issue of recognizing the common debt obligations of spouses in the bankruptcy case of one of them, as well as developing their balanced solution. Issues considered: Legal uncertainty on the issue of the presumption of common marital debts and the lack of a uniform approach in the distribution by the courts of the burden of proving the general nature of the obligation of spouses in separate disputes in the framework of bankruptcy cases of an insolvent spouse (ex-spouse). Methods used: General scientific methods (analysis, synthesis, logical method), formal legal method.
Conclusions: There is a procedural link between the possible application of the presumption of the general nature of the obligations of the spouses and the distribution of the burden of proof in a separate dispute within the framework of the bankruptcy of one of the spouses. Rejecting the presumption of the common obligations of the spouses and placing the burden of proof on the creditor puts him in a state of evidentiary asymmetry in relation to the bankrupt citizen and his spouse. The author suggests a way to distribute the burden of proof between the parties to the process without making excessive demands on the creditor and automatically recognizing the debts of the spouses as common. A balanced approach in these disputes will be the redistribution of the burden of proof by the court, in which one of the parties is relieved of the need to prove a certain fact if another related fact is proven. In order to transfer the burden of refuting the creditor’s position to an insolvent citizen and his spouse, it should be sufficient for the creditor to confirm the probabilistic assumption about the general nature of debts. |
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| ISSN: | 2658-5448 |