TY - JOUR

T1 - Preventivno restrukturiranje kao sredstvo izbegavanja pojave stečajnih razloga- nova tendencija zakonodavstva Evropske unije

AU - Mastilović, Larisa

PY - 2020/4

Y1 - 2020/4

N2 - A bona fide and economically prospective debtor, which is in financialdifficulties, but until the bankruptcy proceedings occur and the bankruptcyproceedings are initiated, in the event of the consent of the majority of creditors,may initiate a preventive restructuring procedure, the consequences of which willextend to the dissenting creditors. By such regulation, it is possible to achieve thenecessary unified legal will of the debtor and all creditors. Otherwise, differentcreditors would differently assess the economic position and prospects of thedebtor, and such diversification would reduce the likelihood of successfulimplementation of preventive restructuring. At the same time, such a rule justifiablyrequires a balance of interests to be struck in favor of dissenting creditors, who areguaranteed a minimum of what they would receive if the preventive restructuringprocedure was not initiated, which establishes the economic balance of interestsof all entities. However, the guarantee given to dissenting creditors leads tointerference with the freedom of entrepreneurial activity since only those measurescan be implemented which do not create a risk of violation of the guaranteed rightgiven to dissenting creditors. In practice, this means that these funds, which are A bona fide and economically prospective debtor, which is in financialdifficulties, but until the bankruptcy proceedings occur and the bankruptcyproceedings are initiated, in the event of the consent of the majority of creditors,may initiate a preventive restructuring procedure, the consequences of which willextend to the dissenting creditors. By such regulation, it is possible to achieve thenecessary unified legal will of the debtor and all creditors. Otherwise, differentcreditors would differently assess the economic position and prospects of thedebtor, and such diversification would reduce the likelihood of successfulimplementation of preventive restructuring. At the same time, such a rule justifiablyrequires a balance of interests to be struck in favor of dissenting creditors, who areguaranteed a minimum of what they would receive if the preventive restructuringprocedure was not initiated, which establishes the economic balance of interestsof all entities. However, the guarantee given to dissenting creditors leads tointerference with the freedom of entrepreneurial activity since only those measurescan be implemented which do not create a risk of violation of the guaranteed rightgiven to dissenting creditors. In practice, this means that these funds, which are.

AB - A bona fide and economically prospective debtor, which is in financialdifficulties, but until the bankruptcy proceedings occur and the bankruptcyproceedings are initiated, in the event of the consent of the majority of creditors,may initiate a preventive restructuring procedure, the consequences of which willextend to the dissenting creditors. By such regulation, it is possible to achieve thenecessary unified legal will of the debtor and all creditors. Otherwise, differentcreditors would differently assess the economic position and prospects of thedebtor, and such diversification would reduce the likelihood of successfulimplementation of preventive restructuring. At the same time, such a rule justifiablyrequires a balance of interests to be struck in favor of dissenting creditors, who areguaranteed a minimum of what they would receive if the preventive restructuringprocedure was not initiated, which establishes the economic balance of interestsof all entities. However, the guarantee given to dissenting creditors leads tointerference with the freedom of entrepreneurial activity since only those measurescan be implemented which do not create a risk of violation of the guaranteed rightgiven to dissenting creditors. In practice, this means that these funds, which are A bona fide and economically prospective debtor, which is in financialdifficulties, but until the bankruptcy proceedings occur and the bankruptcyproceedings are initiated, in the event of the consent of the majority of creditors,may initiate a preventive restructuring procedure, the consequences of which willextend to the dissenting creditors. By such regulation, it is possible to achieve thenecessary unified legal will of the debtor and all creditors. Otherwise, differentcreditors would differently assess the economic position and prospects of thedebtor, and such diversification would reduce the likelihood of successfulimplementation of preventive restructuring. At the same time, such a rule justifiablyrequires a balance of interests to be struck in favor of dissenting creditors, who areguaranteed a minimum of what they would receive if the preventive restructuringprocedure was not initiated, which establishes the economic balance of interestsof all entities. However, the guarantee given to dissenting creditors leads tointerference with the freedom of entrepreneurial activity since only those measurescan be implemented which do not create a risk of violation of the guaranteed rightgiven to dissenting creditors. In practice, this means that these funds, which are.

KW - preventive restructuring

KW - pre-insolvency

KW - debtor rehabilitation

KW - rescueand recovery framework

UR - https://www.diplomacy.bg.ac.rs/casopisi/evropsko-zakonodavstvo/evropsko-zakonodavstvo-2020/

UR - https://www.diplomacy.bg.ac.rs/casopisi/evropsko-zakonodavstvo/

UR - https://www.researchgate.net/publication/341313214_DIREKTIVA_20191023_EVROPSKOG_PARLAMENTA_I_SAVETA_O_OKVIRIMA_ZA_PREVENTIVNO_RESTRUKTURIRANJE_DIRECTIVE_20191023_OF_THE_EUROPEAN_PARLIAMENT_AND_OF_THE_COUNCIL_ON_PREVENTIVE_RESTRUCTURING_FRAMEWORKS

M3 - статья

SP - 52

EP - 69

JO - Evropsko zakonodavstvo

JF - Evropsko zakonodavstvo

SN - 1451-3188

IS - 71

ER -