Preventivno restrukturiranje kao sredstvo izbegavanja pojave stečajnih razloga- nova tendencija zakonodavstva Evropske unije

Research output

Abstract

A bona fide and economically prospective debtor, which is in financial
difficulties, but until the bankruptcy proceedings occur and the bankruptcy
proceedings are initiated, in the event of the consent of the majority of creditors,
may initiate a preventive restructuring procedure, the consequences of which will
extend to the dissenting creditors. By such regulation, it is possible to achieve the
necessary unified legal will of the debtor and all creditors. Otherwise, different
creditors would differently assess the economic position and prospects of the
debtor, and such diversification would reduce the likelihood of successful
implementation of preventive restructuring. At the same time, such a rule justifiably
requires a balance of interests to be struck in favor of dissenting creditors, who are
guaranteed a minimum of what they would receive if the preventive restructuring
procedure was not initiated, which establishes the economic balance of interests
of all entities. However, the guarantee given to dissenting creditors leads to
interference with the freedom of entrepreneurial activity since only those measures
can be implemented which do not create a risk of violation of the guaranteed right
given to dissenting creditors. In practice, this means that these funds, which are A bona fide and economically prospective debtor, which is in financial
difficulties, but until the bankruptcy proceedings occur and the bankruptcy
proceedings are initiated, in the event of the consent of the majority of creditors,
may initiate a preventive restructuring procedure, the consequences of which will
extend to the dissenting creditors. By such regulation, it is possible to achieve the
necessary unified legal will of the debtor and all creditors. Otherwise, different
creditors would differently assess the economic position and prospects of the
debtor, and such diversification would reduce the likelihood of successful
implementation of preventive restructuring. At the same time, such a rule justifiably
requires a balance of interests to be struck in favor of dissenting creditors, who are
guaranteed a minimum of what they would receive if the preventive restructuring
procedure was not initiated, which establishes the economic balance of interests
of all entities. However, the guarantee given to dissenting creditors leads to
interference with the freedom of entrepreneurial activity since only those measures
can be implemented which do not create a risk of violation of the guaranteed right
given to dissenting creditors. In practice, this means that these funds, which are.
Translated title of the contributionCOMMENTARY ON PREVENTIVE RESTRUCTURING OF COMPANIES IN FINANCIAL DIFFICULTIES UNDER EU LEGISLATION
Original languageSerbian
Pages (from-to)52-69
JournalEvropsko zakonodavstvo
Issue number71
Publication statusPublished - Apr 2020

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