Потреба за регулисањем института прекида стечајног поступка у ванредним околностима
The Need for Regulation of Institute of Termination of Bankruptcy Proceedings in Extraordinary Circumstances

Author(s): Vladimir Čolović
Subject(s): Law, Constitution, Jurisprudence, Law on Economics, Financial Markets
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Extraordinary circumstances; Pandemic; Bankruptcy proceedings; Civil proceedings; Termination of proceedings; Bankruptcy reason;
Summary/Abstract: Extraordinary circumstances may affect the conduct of court proceedings, and, inter alia, bankruptcy proceedings. These circumstances may be caused by the pandemic, which is still present, but also by another events that cannot be predicted. The bankruptcy legislations of the countries in the region does not provide for the institute of termination of procedure. on the other hand, in civil proceedings, the termination of civil proceedings is regulated. when the court ceases to operate due to a state of emergency. Namely, after termination of the procedure has been ordered, all deadlines set for performing actions in the procedure cease to run. Also, during the termination, the court may not take any action in the proceedings. However, the court may render a decision, if the termination occurred after the conclusion of the main hearing and if, in general, it is possible to render a decision. The paper raises the question of whether it is justified to define the institute of termination in bankruptcy proceedings, having in mind specificities of this procedure. Extraordinary circumstances must be such that access the court is impossible. On the other hand, the bankruptcy legislation stipulates that, accordingly, the provisions of the civil procedure could be applied. The paper also pays attention to the reasons for bankruptcy, that is, the question of whether bankruptcy proceedings will be initiated, if the bankruptcy reasons arose as a consequence of extraordinary circumstances. The author also refers to some of the measures that could be take in bankruptcy proceedings in extraordinary circumstances.

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