Civil Violation and Proactive Prevention of Greater Damage: On Differentiating the Extent of Liability of Members of Collegial Bodies in Bankruptcy
Annotation
This article examines the possibility of mitigating the tort liability of a member of a collegial body in the presence of subsequent good-faith actions by the person who committed the civil violation aimed at preventing further harm to the property interests of the debtor and its creditors. The advantages and disadvantages of introducing a legal mechanism that would allow for such behavior to be taken into account as a circumstance that, at a minimum, allows for a reduction in the amount of civil liability are examined. A conclusion is reached on the need for a balanced approach: the introduction of a mechanism for taking into account good faith behavior after unlawful actions requires clear procedural criteria and clarifications from higher judicial authorities in order to avoid abuses and maintain the predictability of legal regulation.
Keywords
| Type | Article |
| Information | Arbitrazh and Civil Procedure № 06/2026 |
| Pages | 34-38 |
| DOI | 10.18572/1812-383X-2026-6-34-38 |
