Ar individualios įmonės savininko sutuoktinis gali inicijuoti įmonės bankroto procedūrą?
Whether the spouse of individual proprietor has a right to initiate the bankruptcy procedure to the individual enterprise?

Summary/Abstract: Under the Lithuania law the individual enterprise is incorporate form of business. It is a legal entity with its own personal property; it can sue and be sued in the court. The founder of this entity and the owner can be just one natural person (just one of the spouses).The proprietor is personally liable for all the debts of the enterprise. The legal norms in the legislation regarding the capacity of property rights and duties of the spouses owns in the enterprise are not clear. The comprehensive analysis of law had revealed that the property right to the enterprise owes just the founder of individual proprietorship. The proprietor is personally liable for the duties of individual enterprise. The debts are recoverable from the asset of individual enterprise, from his personal asset and from his part in joint property. The spouse of individual proprietor is not liable for claims, which comes from the duty of individual enterprise. The right to fill a bankruptcy petition to court has: the creditors, the owner of the individual enterprise (proprietor) and the executive of the individual enterprise. The right to fill a bankruptcy petition of the individual enterprise, for spouse of individual proprietor, is limited. Such a right the spouse of individual proprietor has just in the case he (she) is appointment to the executive of administration. However, the right to initiate bankruptcy procedure of the individual enterprise should be granted to the spouse of individual proprietor. It is important for a reason to protect the joint property from claims of creditors. Timely filled bankruptcy petition may protect joint property from the claims of creditors. Neither rights of creditors, nor individual enterprise will be infringed in the case the spouse of the individual proprietor will initiate the bankruptcy procedure.

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