Annotation

This article analyzes the category of a civil law community and addresses the question of whether it is appropriate to classify a creditors' meeting (committee) as such. It is noted that the constitutive characteristics of a civil law community are subordination to the will of the majority (regardless of the needs of individuals) and the presence of a consolidated or unified will. Insolvency (bankruptcy) presupposes the emergence of a global conflict due to the concentration of multiple participants with divergent and mutually exclusive interests, caused by the inadequacy of the debtor's assets and each creditor's need to obtain the fullest and fastest possible satisfaction of their claims. Furthermore, this mechanism does not restrict the individual actions of individuals, even if a creditors' meeting (committee) decides otherwise. This approach is justified by the need to protect the interests of independent participants in situations where a creditors' meeting (committee) acts in bad faith. Taken together, this demonstrates the impossibility of classifying a creditors' meeting (committee) as a civil-law entity and the need to perceive them as a different type of plurality.