USUAL SECURITY AND SETTLEMENT OF CLAIMS OF STATE Cover Image

КОНГРУЕНТНО ОБЕЗБЈЕЂЕЊЕ И НАМИРЕЊЕ ПОТРАЖИВАЊА ДРЖАВЕ
USUAL SECURITY AND SETTLEMENT OF CLAIMS OF STATE

Author(s): Adnan Šehić
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law, Commercial Law, Administrative Law
Published by: Правни факултет Универзитета у Бањој Луци
Keywords: claim of the state; enforcement and settlement; rebuttal of legal actions in bankruptcy proceedings; congruent security and settlement; general and special assumptions;

Summary/Abstract: This paper shows the basis of the state's claims against companies, and the way the state secures and collects its claims. The procedure of individual securing and/or collection of claims of the state is based on positive legislative regulations from which the state derives comparative advantages in relation to other creditors. Therefore, the state and the company behave normally in everything, in accordance with the legal powers. On the other hand, the general assumptions for the application of the institute of refutation of legal actions in bankruptcy proceedings are presented, as well as an analysis of whether the legal actions of the state can fulfill these general assumptions. Through this work, the author also points out the special assumptions of congruent securing and/or settlement of claims, and analyzes whether the legal actions of the state and/or the bankrupt debtor, which are aimed at the collection and securing of the state's claims, can fulfill these assumptions, i.e. whether it can be applied to them institute of refutation of legal actions in bankruptcy proceedings.

  • Issue Year: 2016
  • Issue No: 38
  • Page Range: 265-298
  • Page Count: 33
  • Language: Serbian