This article examines the principle of freedom of contract and its limitations in insolvency proceedings from a comparative legal perspective. The study compares the Civil Code of Uzbekistan and the Law on Insolvency with norms of the USA, Germany, Russia and the UNCITRAL Model Law. The analysis demonstrates that freedom of contract is not absolutely restricted in insolvency; rather, it is balanced through a system of regulatory mechanisms designed to protect creditors and ensure equitable asset distribution. Significant deviations from international standards were identified in insolvency law regarding burden of proof, protection of bona fide counterparties, and intra-group transactions in Uzbekistan. Consequently, the article concludes with concrete normative recommendations aimed at strengthening the effectiveness of insolvency framework of Uzbekistan. Moreover, the findings suggest that targeted legislative amendments could substantially improve creditor protection and align the national system with internationally recognised best practices. As a result, the study contributes to the broader scholarly discussion on balancing contractual freedom with the imperatives of collective creditor satisfaction in insolvency law.
| Mualliflar | Abdullaev, Sanjar, Абдуллаев, Санжар, Abdullayev, Sanjar |
|---|---|
| Jurnal | Жамият ва инновациялар / Общество и инновации / Society and innovations |
| Nashr sanasi | 2026-03-25 |
| Jild | 7 |
| Son | 3/S |
| Betlar | 202-210 |
| Til | O‘zbek |
| DOI | 10.47689/2181-1415-vol7-iss3/s-pp202-210 |
DOI: 10.47689/2181-1415-vol7-iss3/s-pp202-210 · Maqolaning asl sahifasi
свобода договора, несостоятельность, арбитражный управляющий, Freedom of contract, insolvency, insolvency administrator, Bitim erkinligi, toʻlovga qobiliyatsizlik, sud boshqaruvchisi
This article analyzes the socio-philosophical factors in fostering the virtue of tolerance among university students. It examines social relations within society, intercultural dialogue, the harmony between national and…
This article critically examines the historical periods of the formation of public services up to the present day. It provides an overview of the ancient, medieval, modern, and most recent stages. Furthermore, the…
This article provides a comprehensive analysis of the effectiveness of non-custodial sentences in the Republic of Uzbekistan through the lens of their resocialization potential. It examines the theoretical and legal…
This article examines the revival of folk crafts in the Nurota oasis, focusing in particular on embroidery as one of the fields of fine and applied art developing on the basis of long-standing historical traditions…
This article analyzes theoretical and practical issues related to expanding public participation in the lawmaking process in the context of implementing “smart regulation” principles in the Republic of Uzbekistan. The…
This article explores the phenomenon of the lyrical hero in 20th-century Uzbek poetry using poetic and comparative and typological approaches. The study examines the artistic nature, aesthetic function, and role of the…
Compliance control constitutes one of the central yet undertheorized problems of contemporary international law. Although states are bound by treaty obligations, the mechanisms by which international law induces…
This article explores the concept of creative thinking and its pedagogical significance. Key characteristics—flexibility, originality, and plasticity—and their role in developing students’ creative abilities are…
The rapid digitalization of higher education has fundamentally transformed the ways students search for, perceive, process, and evaluate information. Within the digital learning environment, learners are increasingly…
This article reveals the specific features of managing higher education institutions by analyzing existing national legislation. Particular attention is given to the issue of granting the sector broad autonomy and…
Жамият ва инновациялар / Общество и инновации / Society and innovations — barcha maqolalar