The legal position of secured creditors in financial restructuring and bankruptcy

Автор: Dukić Mijatović Marijana

Журнал: Pravo - teorija i praksa @pravni-fakultet

Статья в выпуске: 1-3 vol.30, 2013 года.

Бесплатный доступ

The legal position of secured creditors in financial restructuring and bankruptcy is a necessary and essential topic in legal and economic reality for both legal theoreticians and practitioners, particularly nowadays when a wave of global recession has caused difficulties in business and payment. Banks as the largest secured creditors are mostly affected with these difficulties in business. The author of this paper pointed out the modalities of treatment and payment in a proceeding of financial restructuring for secured creditors as well as the most important segments and solutions of protection of secured creditors represented in both the local bankruptcy law and business and court practice.

Еще

Secured creditors, financial restructuring, bankruptcy

Короткий адрес: https://sciup.org/170202554

IDR: 170202554

Список литературы The legal position of secured creditors in financial restructuring and bankruptcy

Answers to questions of commercial courts which have been established on sessions of the Section of Commercial appellative court held on November 9th and 10th 2010 Jurisprudence of Commercial Courts, Report no. 3/1;
Babić, I., (1997). Law of Contract Lexicon, Belgrade.
Barč, R., (1939). Basics of settlement rights and bankruptcy law, Belgrade.
Decree of Higher commercial court Pž. 11441/2005 as of October 27th 2005
Čolović, V., (2007). The relation of the bankruptcy proceedings and reorganization proceedings, Legal life, 56 (12), pp. 285–301
Čolović, V., (2003). The Plan of bankruptcy, Law and economy, 40 (5–8), pp. 986–994
Dukić Mijatović, M., (2010). Bankruptcy law, the Faculty of Law for commerce and judiciary the University Business academy Novi Sad.
Dukić Mijatović, M., (2008). Corporate management in bankruptcy, Collection of papers, the Faculty of Law, University of Istočno Sarajevo, (4)
Dukić Mijatović, M., (2010). An overview on modalities of protection for creditors in bankruptcy in the light of the Bankruptcy Law, Collection of papers from the 7th traditional scientific congress Zlatibor legal days, Novi Sad
Dukić Mijatović, M., (2010). A Guide through Bankruptcy Proceedings – An overview on bankruptcy legislation of former Yugoslav republics, Novi Sad;
Dukić Mijatović, M., Mijatović, M., (2011). Legal position of secured creditors in bankruptcy, Legal life (11)
Dukić Mijatović, M., (2010). An overview of legal procedures in the course of establishing demands of bankruptcy laws in the region, Thematic Collection of papers, The Right of countries in the region, the publisher: The Institute for comparative law, Belgrade;
Eraković, A., (2003). Rights of recovery and secured rights in bankruptcy, Collection of papers from the Faculty of Law, University of Rijeka;
Jankovec, I., (1999). Commercial Law, Belgrade
Jurisprudence of Commercial Courts, Report, no. 3/06;
Kozar, V., (2012). Debt dormancy (moratorium) in the procedure of financial restructuring, Collection of papers Traditional 9th congress “ Prof. Slavko Carić, PhD legal days.” The Faculty of Law for commerce and judiciary, University of Business Academy in Novi Sad;
Law on the financial restructuring of commercial associations by consent The Official Gazette of Republic of Serbia, no. 36/11
Law on obligations and contracts, The Official Gazette of the SFRY, no. 29/78, 39/1985, 45/1989- the decision of the Constitutional Court of Yugoslavia and 57/89, The Official Gazette of the FRY, no. 31/93 and The Official Gazette of Serbia and Montenegro, no. 1/03- Constitutional charter
Lien Law on registered movable property, The Official Gazette of Republic of Serbia, no. 57/03, 61/05 and 64/ 06
Law on basic property relations have become obsolete, The Official Gazette of the SFRY, no. 6/80 and 36/90, The Official Gazette of the FRY no. 29/96 and The Official Gazette of Republic of Serbia, no. 115/05- state law
Law on enforcement and security, The Official Gazette of Republic of Serbia, no. 31/01
Law on mortgage, The Official Gazette of Republic of Serbia, no. 115/05
Mitrović, V., (1926). Bankruptcy law with a special overview of Serbian legislation, Belgrade
Mijatović M,(2011) Legal position of preferential and secured creditors in bankruptcy, Master thesis, Faculty of Law at University Business Academy Novi Sad;
Rulebook on conditions and manner of institutional mediation in financial restructuring of commercial associations by consent /“Official Gazette of the RS”, no. 65/2011 and no. 67/2011/;
Slijepčević, D. – Spasić(2006) S.: Commentary on the Law on Bankruptcy proceedings, Cesmecon, Belgrade;
Spasić, S(2007): Disputable legal questions and practical problems in reorganization procedure, Zlatibor legal days, Business Academy, Novi Sad;
Spasić, S.(2008) Legal actions of bankruptcy of commercial associations on civil proceedings and enforcement procedure, Current issues in bankruptcy law, the Lawyers Association of the Republic of Srpska, Banja Luka;
Spasić, S.(2010) Novelties in the Law on bankruptcy, Collection of papers from VII traditional scientific congress Zlatibor legal days University Business Academy Faculty of Law for commerce and judiciary Novi Sad and magazine Law-theory and practice;
Spasić, S. (2008)Relationship and delimitation between the enforcement and bankruptcy procedure in Serbia, Current issues in bankruptcy law, the Lawyers Association of the Republic of Srpska ,Banja Luka,;
Spasić, S.(2010): Bankruptcy Reform- Answers to financial crisis on global level and in Serbia, Legal life no.12, Belgrade;
Spasić, S, Šarkić N, Sibinović Đ(2011), Judiciary professions, Belgrade;
Spasić, S(2009): Bankruptcy estate – An Overview on harmonization of bankruptcy law, Law and economy no. 5–8, Belgrade;
Velimirović, M.(2010): Law on Bankruptcy, Symbol, Novi Sad.

Еще

Статья научная