Institut comity u međunarodnom stečaju (sa posebnim osvrtom na pravo SAD)
Institute “Comity” in International Bankruptcy (with Special Reference to the Law of the USA)

Summary/Abstract: Institute of comity, which has its source in principle o comitas gentium, developed in the Dutch school of Private international law, mitigates the principle of territoriality, and means the international courtesy, which is one of reasons for the application of the foreign law and recognition of the foreign decisions. Institute of comity has its own particular place in the U.S. bankruptcy legislation, ie., in the field of international bankruptcy. Namely, this institute, also, cited as one of the conditions for the recognition of the foreign bankruptcy decisions. In the changes of U.S. bankruptcy legislation in 2005., the institute of comity has its place in the rules that give great powers of U.S. courts in the assisting in the recognition of bankruptcy proceedings, initiated in other countries. This paper analyzes not only the presence and importance of the institute of comity in U.S. law, but, also, pays attention to the contribution of this institute to the international sources such as the Model Law on Cross-Border Insolvency and the Council regulation (EC) No. 1346/2000 of 29 May 2000 on insolvency proceedings. These two sources have had a major impact on the many national bankruptcy legislations, which accepted the same or similar solutions in this area. The institute of comity applied together with other theories that allow the effect of the bankruptcy decision in the other country. This institute has made it possible to realize the principle of the unity of the bankruptcy estate in the field of international bankruptcy.

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