The Limits of Protection of Insolvency Creditors against Fraudulent Conveyance by the Debtor

The Limits of Protection of Insolvency Creditors against Fraudulent Conveyance by the Debtor Abstract This thesis deals with one of the key institutes of insolvency proceedings, namely the legal regulation of Fraudulent Conveyance by the Debtor pursuant to Section 242 of the Insolvency Act. Its aim is to provide a critical analysis of the current legislation protecting insolvency creditors against fraudulent conveyances by the debtor and to present, in a comprehensive form, an overview of its shortcomings. Methodologically, the thesis is based primarily on a dogmatic analysis of legal literature and case law, supplemented by a comparative approach. For this purpose, the structure of the thesis proceeds from the general to the specific. The first chapter focuses on the general features of the avoidance of legal acts under the Insolvency Act. Its first part is devoted to the terminological unification of concepts across two areas of law. The second part analyses the general definition of avoidance of legal acts under Section 235 of the Insolvency Act. The third part briefly discusses the procedural aspects of avoidance disputes. The second chapter specifically examines the legal grounds of Fraudulent Conveyance by the Debtor under Section 242 of the Insolvency Act. Its first part analyses the typical features...