Неплатежоспособност при договорите за строителство
Insolvency in Construction Contracts

Author(s): Margarita Bachvarova
Subject(s): Law, Constitution, Jurisprudence
Published by: Икономически университет - Варна
Keywords: Bankruptcy; Construction contract; Insolvency
Summary/Abstract: The present study analyzes the application of the prerequisites for the opening of insolvency proceedings due to failure to fulfill a construction contract. The main purpose of the author is to investigate the peculiarities of insolvency over a certain type of commercial transactions, which have as object the construction of a future property and the subsequent transfer of the object for the benefit of third parties. The scientific argument for the existence of a specific reflection of the normative regulation on the analyzed contracts is argued in the following directions: bearer of receivables and its origin; application of suspension of payments as a presumption of insolvency; determining the starting date of insolvency. The specific hypotheses in which a claim resulting from a construction contract arises have were systemized. An analysis of the specific impact of the normative requirements on this kind of agreements in practice was carried out.

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