За допустимостта на косвените искове по чл. 134 ЗЗД, чл. 240А ТЗ и чл. 118 ЗППЦК в производството по несъстоятелност
The Admissibility of the Indirect Claims Under Art. 134 Contract Act, Art. 240A Commercial Act and Art. 118 Public Offering of Securities Act in the Insolvency Proceedings

Author(s): Alexander Alexandrov
Subject(s): Law, Constitution, Jurisprudence, Commercial Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: indirect claim; derivative claim; insolvency; trustee; liquidator; receiver; creditor; shareholder; insolvency estate
Summary/Abstract: The study examines the question which claims can be qualified as claims for filling the insolvency estate and introduces two criteria – subjective and objective. According to the subjective criterion, only the claims that can be issued by the trustee in bankruptcy and in the cases provided by law by a bankruptcy creditor should be defined as claims for filling the insolvency estate. According to the objective criterion – a claim for filling the insolvency estate is anyone who could lead to an increase in the property of the insolvent company. In this connection, the question of whether indirect claims in insolvency proceedings are admissible and what risks this poses to creditors is considered. The question of the conditions under which de lege ferenda indirect claims could be admitted was also considered.

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