Развитие на правнотехническите способи за предотвратяване на производство по търговска несъстоятелност
Development of Legal Instruments for Prevention of Insolvency of Undertakers
Author(s): Ekaterina MateevaSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Нов български университет
Keywords: Preventive restructuring (Stabilization) procedure; Preventive restructuring frameworks; Venditio bonorum; Cessio bonorum; Juditial liquidation; Moratorium; Preventive concordate
Summary/Abstract: This article examines the development of different legal instruments for prevention of insolvency from a historical and comparative point of view. These instruments are applicable to debtors in financial difficulty when there is a likelihood of insolvency. The main aim of the paper is to analyze the functioning of some prototypes of the newly introduced preventive restructuring (stabilization) procedure under the new Part Five of the Bulgarian CommercialCode. A meticulous study of functional characteristics of several specific institutes of Roman law, such as venditio bonorum, cessio bonorum, as well as several recently introduced measures, such as juditial liquidation, moratorium, preventive concordate have also been taken into consideration.
Journal: Годишник на департамент „Право”
- Issue Year: 5/2016
- Issue No: 6
- Page Range: 8-41
- Page Count: 34
- Language: Bulgarian