ЗЛОУПОТРЕБА ЧЛАНСКИХ ПРАВА И ИНКОНГРУЕНТНО ОБЕЗБЈЕЂЕЊЕ И НАМИРЕЊЕ ПОТРАЖИВАЊА
MISUSE OF MEMBERSHIP RIGHTS AND UNUSUAL SECURITY AND SETTLEMENT OF CLAIMS

Summary/Abstract: In this thesis presented is management of business organization, as the most common form of legal entity over which assets bankruptcy proceedings is conducted. Emphasis is on business organizations in form of limited liability companies, with small number of members, as the most common form of businesses in Bosnia and Herzegovina. Since this form of business organization has its legal subjectivity, and owners of shares are liable for responsibilities of organization up to amount of their shares, at this form of business organization in our positive legislation institutional capacity of organization is more represented in regard to organization entity as form of business organization. However institutional capacities, regardless of legislative solutions cannot come to the fore in situations when business organization has only one member or few of them who are family related. Due to such circumstances, situations in which owner of share misuses his/her membership rights are not rare, in situations when business organization is insolvent. Owner of share i.e. stocks through series of legal affairs tries to bring out or encumber assets of organization in his/her favor, and then initiates bankruptcy proceedings in order to erase organization from court registry. Author, 20 through this thesis points out unusual settlement and/or security of claims of share owner and other creditors in situations of business organization’s insolvency, just before initiation of bankruptcy proceedings and possibility to apply instrument of contesting legal actions in bankruptcy proceedings to concrete cases, provided that legally defined assumptions are fulfilled.

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