AVOIDING TRANSACTIONS WITHOUT CONSIDERATION OR WITH INSIGNIFICANT CONSIDERATION IN BANKRUPTCY Cover Image

ПОБИЈАЊЕ ПРАВНИХ РАДЊИ БЕЗ НАКНАДЕ ИЛИ УЗ НЕЗНАТНУ НАКНАДУ У СТЕЧАЈНОМ ПОСТУПКУ
AVOIDING TRANSACTIONS WITHOUT CONSIDERATION OR WITH INSIGNIFICANT CONSIDERATION IN BANKRUPTCY

Author(s): Vuk Radović
Subject(s): Law on Economics
Published by: Правни факултет Универзитета у Београду
Keywords: Avoidance; Bankruptcy debtor; Bankruptcy; Gift; Transaction without consideration; Transaction at an undervalue; Creditors;

Summary/Abstract: Avoiding transactions without consideration or with insignificant conside ration has not yet been meaningfully disputed in Serbian theory of bankruptcy law. Practitioners and academics usually conclude that this type of avoidance is uncontroversial and does not raise problems in practice. This paper is trying to show that such conclusion is not justified, and most probably is a consequence of infrequent use of this type of avoidance. Writing of this paper is particularly justified by the fact that the new Bankruptcy Act has partially changed national regulation of this question.

  • Issue Year: 61/2013
  • Issue No: 1
  • Page Range: 73-95
  • Page Count: 23
  • Language: Serbian