ПОВЕРИОЦИ У КОМПАНИЈСКОМ ПРАВУ И ИНСТРУМЕНТИ ЊИХОВЕ ЗАШТИТЕ
CREDITOR PROTECTION IN COMPANY LAW

Summary/Abstract: This paper deals with the need and mechanisms of creditor protection in company law – an issue which is gaining in prominence, as it causes heated discussions both within national legal systems and globally, and particularly in the EU. Still, this matter is not sufficiently considered in Serbian legal literature. The author examines distinct types of protection suitable for different categories of creditors, and for that matter, differentiates between voluntary and involuntary creditors. Creditors may be protected by means of individual contractual instruments, or via mandatory statutory rules. The capital requirements and maintenance rules are traditional provisions of company law. Yet, these rules have been questioned in the recent years, quoting the reasons of effectiveness and competition. Apart from the traditional creditor protection, important part of European rules in this field are mandatory disclosure rules. Another way in which the law intervenes in this sphere is by prescribing standards and duties of directors and shareholders towards creditors, which becomes more important if company is in the vicinity of insolvency.

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