Relevant bibliographies by topics / Bankruptcy and Insolvency Law

Contents

  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'Bankruptcy and Insolvency Law'

Author: Grafiati
Published: 3 June 2025
Last updated: 31 July 2025

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Journal articles on the topic "Bankruptcy and Insolvency Law"

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Billy Jayando Parasian Sinaga and Dewa Gede Pradnya Yustiawan. "Analisis Yuridis Insolvency Test dalam Penyelesaian Kepailitan dan PKPU Ditinjau dari UU No 37 Tahun 2004." Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora 1, no. 4 (2024): 186–93. https://doi.org/10.62383/humif.v1i4.656.

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According to Law Number 37 of 2004 tates that bankruptcy is general confiscation of assets of bankrupt debtor. Those failure to pay debtors commonly beacause of a strain in company's financial condition. The purpose of imposition of bankruptcy is to protect both bankrupt debtor and creditors. In the development of bankruptcy in Indonesia, the regulation of Insolvency test in imposing companies bankruptcy, especially companies with legal status, has not been regulated in Law No. 37 of 2004. Insolvency is the failure to done a financial responsibility in the due date as is appropriate in a compa
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Andriyanto Adhi Nugroho, Guna Gerhat Sinaga, Muhammad Fikri, Azareel Sulistiyanto Jusuf, Natasya Fhadyah Azzahra, and Adira Mutiara Jasmine. "Urgensi Penerapan Tes Insolvensi Atas Perusahaan Yang Akan Diputus Pailit." Deposisi: Jurnal Publikasi Ilmu Hukum 1, no. 4 (2023): 231–46. http://dx.doi.org/10.59581/deposisi.v1i4.1810.

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In the law embodied in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, there isn't a requirement stipulating that a debtor must be declared unable (insolvent) to pay their debts through an insolvency test as a condition to determine their bankruptcy status or not. Instead, the debtor's bankruptcy status is established by proving that the debtor has a minimum of 2 (two) creditors, has failed to pay at least 1 (one) due and collectible debt. The absence of insolvency testing as a bankruptcy criterion in Indonesia could lead to companies that are actually c
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Fauzi, M. "Insolvency within Bankruptcy: The Case in Indonesia." SHS Web of Conferences 54 (2018): 06004. http://dx.doi.org/10.1051/shsconf/20185406004.

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The Bankruptcy institutions are an extraordinary mechanism in debt settlement. The extraordinary characteristic distinguishes bankruptcy institutions with other mechanisms in debt settlement. This particular characteristic stems from the debtor’s inability to pay all of his debts due. However, two of the Indonesian bankruptcy laws do not include insolvency conditions as the basis for granting bankruptcy status to the debtor. Such legal politics resulted in the use of bankruptcy institutions deviated from their philosophy and vulnerable to abuse. With a post-positivist approach, this paper exam
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Kiryushina, Irina, and Ekaterina Kovalenko. "Cross-Border Bankruptcy: Concept, Fundamentals of Legal Regulation, Law Enforcement Practice." Legal Linguistics, no. 31 (42) (April 1, 2024): 27–33. https://doi.org/10.14258/leglin(2024)3105.

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In the context of the internationalization of the economies of different countries, when the insolvent debtor and creditors have different nationalities, or the property of the insolvent debtor, which is being foreclosed on by creditors, is located in different countries, differences in national systems of legal regulation of insolvency are a serious obstacle to resolving issues related to the recognition of the debtor as bankrupt and satisfaction of creditors' claims. Attempts to unify the international legal regulation of cross-border insolvency relations, undertaken for a long time, have fa
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Litskas, Mark, and Yuri Kholodenko. "Back to the Issue of the Signs of Personal Insolvency (Bankruptcy)." Legal Linguistics, no. 32 (43) (July 1, 2024): 37–42. https://doi.org/10.14258/leglin(2024)3207.

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The article covers the study of signs of personal insolvency (bankruptcy). In the course of the study the authors have concluded that currently there are only two principles (criteria) in the world that set out the signs of bankruptcy, when an individual (citizen) can be deemed unable to pay their debts (bankrupt), namely the principle of non-payment and the principle of insolvency. As it stands in 2024, there are two patterns in the Russian law for regulating signs of personal bankruptcy: for applications from debtors themselves and for applications from their creditors (authorized body). Wit
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Shubhan, M. Hadi. "Legal Protection of Solvent Companies from Bankruptcy Abuse in Indonesian Legal System." Academic Journal of Interdisciplinary Studies 9, no. 2 (2020): 142. http://dx.doi.org/10.36941/ajis-2020-0031.

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In bankruptcy legal system in Indonesia, the court can issue bankruptcy verdict without assess a company’s solvency condition, whether the company is solvent or insolvent. The provision of this law is very prone to be misused by creditors with bad faith. Insolvency test is able to protect debtors and to prevent the abuse of bankruptcy by malice creditors. This paper aims to analyze the legal protection of solvent companies from bankruptcy abuse in Indonesian legal system. By using normative and juridical approach, the results showed that the insolvency test can be included in the future amendm
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Edmon, Safari. "A critical assessment of administration as a rescue mechanism of an insolvent corporate debtor in Uganda." NEWPORT INTERNATIONAL JOURNAL OF CURRENT RESEARCH IN HUMANITIES AND SOCIAL SCIENCES 4, no. 3 (2024): 70–74. http://dx.doi.org/10.59298/nijcrhss/2024/4.3.7074.

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Insolvency law enhances growth and alleviates financial challenges of businesses, but it can also be inefficient and delay commercial justice. This article critically evaluated Uganda's insolvent corporate debtor administration method and impacts. At the end, the article call for the bankruptcy protective order duration to be extended to at least a month in order to allow a debtor to establish payment arrangements. This period may be sufficient for the bankrupt to decide on the next steps to take to clear their debts, compared to the 14 days allowed under present insolvency law. Without increa
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Manushin, D. V. "Clarifying the concepts of bankruptcy, non-creditworthiness and insolvency of legal entities in the context of sanctions and import substitution." Russian Journal of Economics and Law 19, no. 2 (2025): 273–311. https://doi.org/10.21202/2782-2923.2025.2.273-311.

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Objective: to propose a new vision of the terms “bankrupt”, “bankruptcy”, “bankruptcy of legal entities”, “non-creditworthiness” and “insolvency”, corresponding to the current situation of counteracting sanctions and developing import substitution in the Russian economy.Methods: abstract-logical, comparative law studies, interpretation of law, theoretical-legal modeling.Results: the concepts of “bankrupt”, “bankruptcy” and “insolvency” were summarized and critically evaluated. The author compared stages of bankruptcy and exit from insolvency of legal entities in Russia with the essence of the
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Gil, Izabella. "Ponadczasowość regulacji prawnych dotyczących niewypłacalności." Studia nad Autorytaryzmem i Totalitaryzmem 43, no. 4 (2021): 241–51. http://dx.doi.org/10.19195/2300-7249.43.4.19.

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The study describes the legal regulations concerning insolvency in the period of the Second Polish Republic. The political system of the Republic of Poland in the years 1926–1935 is described as authoritarian in order to distinguish it from the total fascist system.
 The difficult economic and financial situation of the Polish state during the post-partition period required state interference in introducing legal regulations ensuring protection of creditors, while taking into account the rights of debtors who became insolvent for no fault of their own. Bankruptcy became a society-wide pro
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Basu, Asmita. "Insolvency and Bankruptcy Code marks the new era of Financial Reform in India." Kindler XXII, no. 1&2 (2022): 96–107. https://doi.org/10.5281/zenodo.7854641.

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<em>Bankruptcy is used as the formal procedure for individuals (not companies in many countries) who are declared by law to be insolvent. The insolvency and bankruptcy processes in India are not governed by a single piece of general legislation. In the situation of insolvency, to solve the problem of NPA, make the exit process easier for the investors and attract fresh capital and foreign investors, a new legislative framework has been evolved known as Insolvency and Bankruptcy Code, 2016&nbsp;(IBC). IBC, 2016&nbsp;was passed by the Parliament on 11<sup>th</sup> May 2016, and received Presiden
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Dissertations / Theses on the topic "Bankruptcy and Insolvency Law"

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Mokal, Rizwaan Jameel. "Corporate insolvency law : theory and application /." Oxford [u.a.] : Oxford Univ. Press, 2005. http://www.gbv.de/dms/spk/sbb/recht/toc/380111381.pdf.

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Univ., Diss.--London, 2001.<br>Formerly CIP. Includes bibliographical references (S. [341] - 351) and index. Introduction : consistency of principle in corporate insolvency -- The creditors' bargain and the collectivity of the liquidation regime -- The authentic consent model : justifying the collective liquidation regime -- The pari passu principle and its relationship with other methods of insolvency distribution -- The priority of secured credit -- Administrative receivership and the floating charge -- Administration -- The wrongful trading provisions -- Adjusting transactions involving dis
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Lester, Vernon Markham. "Insolvency and reform of English bankruptcy law, 1831-1914." Thesis, University of Oxford, 1991. http://ora.ox.ac.uk/objects/uuid:28c0519a-eef4-44c4-bb8a-90be75e0c7da.

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This thesis is a history of the reform of English bankruptcy law 1831-1914 and a statistical analysis of the insolvency the reforms sought to limit. The first two chapters describe the historiography of government growth in nineteenth-century Britain and outline the history of English bankruptcy legislation until 1831. Using statistics from bankruptcy reports published by the Board of Trade after 1883 and returns issued by other government entities prior to that date, chapters three and four define the extent and the characteristics of insolvency. These chapters analyze the aggregate level of
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Burdette, David Alan. "A framework for corporate insolvency law reform in South Africa." [Pretoria : s.n.], 2002. http://upetd.up.ac.za/thesis/available/etd-11192002-142456.

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Spaičienė, Jurgita. "Bankruptcy Law development in the Republic of Lithuania." Doctoral thesis, Lithuanian Academic Libraries Network (LABT), 2008. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2008~D_20080515_104127-60668.

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Introduction Recently, companies’ bankruptcy law in Lithuania is being changed most frequently. The experience in using formal laws is ignored by legislative power while paying no attention toward it as a new source of the law. Nowadays, the legal acts involve only procedure of bankruptcy of companies, there is few theoretical and conceptual basics of the bankruptcy law. Therefore Lithuania has had no research of bankruptcy and insolvency law. Because of the predictable basic changes there are no scientists being able to make precise forecast of some changes. Therefore the need for new law ide
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Levičková, Věra. "Právní a účetní aspekty insolvenčního řízení." Doctoral thesis, Vysoká škola ekonomická v Praze, 2004. http://www.nusl.cz/ntk/nusl-77016.

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This dissertation deals with the matter of legal and accouting aspects of insolvency proceedings in the Czech Republic. The first chapter describes the historic development of bankruptcy legislation. The second chapter deals withs matter of bankruptcy as one of the forms of crises solution. It defines the basic conditions for a bankruptcy, analyses individual procedural stages of bankruptcy proceedings because of prevailing solution of bankruptcies in this way. The third chapter analyses the present legislation in compliance with teh bankruptcy law and methods for its solution, Act No 182/2006
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Gagnon, Hugo-Pierre. "Bill C-55 and the UNCITRAL model law on cross-border insolvency : the harmonization of Canadian insolvency legislation." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101817.

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Bill C-55 proposes amendments to the Canadian Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act tailored on the procedural framework contemplated by the UNCITRAL Model Law on Cross-Border Insolvency. This thesis demonstrates that implementation of these amendments will bring Canadian insolvency law into closer---but by no means complete---alignment with the doctrine of modified universalism reflected in the Model Law. To this end, the thesis undertakes an analysis of the different theoretical approaches to cross-border insolvency, shows the importance of instrument cho
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Torremans, Paul Leo Carl. "Bankruptcy and insolvency in European private international law : towards a harmonised approach?" Thesis, University of Leicester, 2001. http://hdl.handle.net/2381/31102.

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This thesis is written from a private international law point of view and applies a conflicts analysis to cross-border insolvencies. A comparative approach is adopted. The jurisdictions chosen are Belgium and England and Wales. Belgian law was chosen because it is a good example of a radical adherence to the principles of unity and universality. In the light of this theoretical starting point a single set of proceedings is preferred and ancillary or territorial proceedings in any form are virtually impossible. English law, whilst accepting the universality principle, rejects the unity principl
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van, Zwieten Kristin. "The demise of corporate insolvency law in India." Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:b19387d6-1a57-4e60-b46b-ca2c7a469afe.

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The subject of this thesis is the operation of corporate insolvency law in post-colonial India. Indian corporate insolvency law has been widely condemned as dysfunctional, critics complaining of extreme delays and a series of associated harms to creditors in the disposal of formal proceedings. Surprisingly little is known, however, about why the law has ‘failed’ creditors in this way - why the law operates as it does. That is the question that motivates this thesis. The thesis reports the results of an in-depth study of the introduction and development of India’s two principal insolvency proce
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Ruhl, Mary Louise. "The case for a second look at Canadian bank insolvency legislation." Thesis, University of British Columbia, 1985. http://hdl.handle.net/2429/26146.

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This thesis is an analysis of the bank insolvency process in Canada. The phenomenon of bank bailouts is examined and three possible rationale for bailouts are put forth. The conclusion is reached that bank bailouts can be justified on the basis of these rationale, and, therefore, that bank insolvency legislation should recognize the bailout process and provide an adequate and appropriate framework for this process. Three recent bank failures, Canadian Commercial Bank, Northland Bank and the Bank of British Columbia, are discussed, with particular emphasis on the different bailout tools used by
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Vlček, Libor. "Porovnání úspěšných a neúspěšných reorganizací." Master's thesis, Vysoká škola ekonomická v Praze, 2015. http://www.nusl.cz/ntk/nusl-201750.

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Restructuring as one of the ways of solving insolvency is a method, that is supposed to allow preservation of the operation of the debtor`s company. Part of the restructurings however later converts into bankruptcy orders. The objective of this thesis is an identification of the key factors that lead to a successful fulfilment of the restructuring plan and also factors that might lead to their conversion into bankruptcy orders. The first part of this thesis is dedicated to insolvency and methods of its resolution among others according to the act no. 182/2006 Coll. on Insolvency and Methods of
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Books on the topic "Bankruptcy and Insolvency Law"

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Mooney, Cotter Anne-Marie, Cahir Barry, and Law Society of Ireland, eds. Insolvency law. Cavendish Pub., 2003.

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Ireland, Law Society of, ed. Insolvency law. Bloomsbury Professional, 2009.

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Symes, Christopher F. Australian insolvency law. LexisNexis Butterworths, 2009.

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Symes, Christopher F. Australian insolvency law. LexisNexis Butterworths, 2009.

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Rey, Elmarie De la. Hocklyʼs insolvency law. 5-те вид. Juta, 1990.

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Skene, Donna W. McKenzie. Insolvency law in Scotland. T&T Clark, 1999.

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Phillips, Mark, 1959 December 28- and Davis Glen, eds. Butterworths insolvency law handbook. 7th ed. Butterworths, 2005.

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Klotz, Robert A. Bankruptcy, insolvency and family law. 2nd ed. Carswell, 2001.

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Tomasic, Roman. Australian insolvency and bankruptcy law. 2nd ed. Butterworths, 1997.

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Wessels, B. International insolvency law. Kluwer, 2012.

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Book chapters on the topic "Bankruptcy and Insolvency Law"

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Declercq, Peter J. M. "Bankruptcy." In Netherlands Insolvency Law. T.M.C. Asser Press, 2002. http://dx.doi.org/10.1007/978-90-6704-533-9_3.

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Declercq, Peter J. M. "The Netherlands Bankruptcy Act." In Netherlands Insolvency Law. T.M.C. Asser Press, 2002. http://dx.doi.org/10.1007/978-90-6704-533-9_1.

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Price, Terry. "Insolvency law: bankruptcy and liquidation." In Mastering Business Law. Macmillan Education UK, 1995. http://dx.doi.org/10.1007/978-1-349-13549-3_16.

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Derham, Rory. "Set-Off in Insolvency." In Derham on the Law of Set Off, 5th ed. Oxford University Press, 2024. https://doi.org/10.1093/law/9780198744535.003.0006.

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Abstract This chapter discusses the extent of set-off in insolvency. It cites that the principal source of rights of set-off in the event of bankruptcy is section 323 of the Insolvency Act 1986. The availability of set-off may be crucial in circumstances where a bankrupt and a creditor have had prior mutual dealings giving rise to cross-demands. Additionally, the mutual credit provision extends to the situation where an insolvent partnership is wound up in accordance with the Insolvent Partnerships Order 1994. In company administration and liquidation, the relevant provision is set out, respec
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"BANKRUPTCY AND INSOLVENCY." In Construction Law. Informa Law from Routledge, 2016. http://dx.doi.org/10.4324/9781315755465-36.

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"Bankruptcy and Insolvency." In Construction Law. Informa Law from Routledge, 2016. http://dx.doi.org/10.4324/9781315619262-15.

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McCarthy, Frankie. "13. Insolvency: Bankruptcy." In Scots Commercial Law. Edinburgh University Press, 2022. http://dx.doi.org/10.1515/9781474494205-020.

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Sourgens, Frédéric G., Edward Baldwin, and Catherine Banet. "Insolvency and Bankruptcy Regimes." In The Transnational Law of Renewable Energy. Oxford University Press, 2024. http://dx.doi.org/10.1093/law/9780198894520.003.0010.

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Abstract The chapter highlights the significant and continuing impact of insolvency on renewable energy projects, sponsors, and lenders. It covers the renewable energy industry, which is characterized by rapid evolution and uncertainty that stems from both over-regulation and under-regulation. It also discusses insolvency risks that are compounded by the industry’s reliance on government support and technological challenges. The chapter looks at differences in insolvency rules among jurisdictions that can have profound effects on projects and emphasizes the importance of proactive risk managem
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"PERSONAL INSOLVENCY: BANKRUPTCY." In Insolvency Law Professional Practice Guide. Routledge-Cavendish, 2007. http://dx.doi.org/10.4324/9781843145202-15.

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Morse, Geoffrey, and Thomas Braithwaite. "8. Partnerships and Insolvency." In Partnership and LLP Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198832799.003.0008.

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This chapter sets out in outline the impact of insolvency on partnerships, the insolvency being that of the firm, one or more of the partners or any combination of those possibilities. It deals in order with the winding up of an insolvent partnership only, the winding up of the insolvent firm with the concurrent bankruptcies of the partners, joint bankruptcy petitions against the partners and separate bankruptcy petitions against the partners. It distinguishes between the rights of partnership and individual creditors and deals with the disqualification of an insolvent partner from the managem
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Conference papers on the topic "Bankruptcy and Insolvency Law"

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Azmi, Ruzita. "The Theories Underpinning Personal Insolvency Or Bankruptcy Law: A Legal Overview." In ILC 2017 - 9th UUM International Legal Conference. Cognitive-Crcs, 2018. http://dx.doi.org/10.15405/epsbs.2018.12.03.49.

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Poliakov, R. В. "The peculiarities of preliminary hearing in bankruptcy (insolvency) procedure in Ukraine." In EUROPEAN POTENTIAL FOR THE DEVELOPMENT OF LEGAL SCIENCE, LEGISLATION AND LAW ENFORCEMENT PRACTICE. Baltija Publishing, 2023. http://dx.doi.org/10.30525/978-9934-26-334-7-13.

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Bancu, Cristina. "Current issues of the institution of cross-border insolvency in private international law." In Conferința științifică națională cu participare internațională "Integrare prin cercetare și inovare", dedicată Zilei Internaționale a Științei pentru Pace și Dezvoltare. Moldova State University, 2025. https://doi.org/10.59295/spd2024j.51.

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In the current modern context, the legal regulation of cross-border insolvency issues in the field of private international law becomes particularly important considering the complicated economic situation and foreign policy worldwide. In such conditions, current problems related to protecting the rights and legal interests of creditors become highly relevant. This article examines current issues of cross-border insolvency institution and the tasks of improving insolvency procedures with foreign elements. It addresses the following problematic and significant questions: i) the issue of ,,bankr
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Bodul, Dejan. "POGLED NA NOVO HRVATSKO STEČAJNO ZAKONODAVSTVO IZ 2022: pokušaj usklađivanja tržišne dimenzije i zaštite prezaduženih potrošača." In XVIII Majsko savetovanje. University of Kragujevac, Faculty of Law, 2022. http://dx.doi.org/10.46793/xviiimajsko.981b.

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As the 1996 Bankruptcy Law was amended seven times, the legislator decided to pass a new Bankruptcy Law in 2015. Although the aim of the Amendment to the Bankruptcy Law 2017 is primarily to facilitate pre-bankruptcy proceedings by prescribing realistic deadlines for taking certain actions in the proceedings, the observed errors and omissions made throughout the Bankruptcy Law are corrected and doubts about the application of certain provisions are removed. The new goal of the Amendments to the Bankruptcy Act 2022 (which is scheduled to enter into force on 31 March 2022, 87th Session of the Gov
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Halim, Santoso. "Insolvency Test as The Requirement for Bankruptcy Declaration to Maintain Investment Conduciveness in Indonesia." In Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia. EAI, 2021. http://dx.doi.org/10.4108/eai.14-4-2021.2312449.

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Chirtoaca, Rodica. "Cancellation of legal deeds in insolvency proceedings." In Conferința științifică națională cu participare internațională "Integrare prin cercetare și inovare", dedicată Zilei Internaționale a Științei pentru Pace și Dezvoltare. Moldova State University, 2025. https://doi.org/10.59295/spd2024j.60.

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After the initiation of the insolvency procedure, the authorized administrator is entitled to undertake, in the interest of creditors, a series of measures aimed at restoring the debtor’s assets by reclaiming the assets that were alienated to the detriment of creditors. These measures can be categorized into two types: measures aimed at restoring the debtor’s assets, which were diminished by fraudulent acts, and measures for managing the debtor’s portfolio of contracts. The annulment of legal acts in the insolvency procedure is of interest to the creditors of the debtor, as they find themselve
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Šimunović, Lidija, and Tena Konjević. "IMPLEMENTATION OF THE DIRECTIVE 2019/1023 IN THE CROATIAN LEGAL SYSTEM: A NEW TREND OF RESTRUCTURING IN THE CROATIAN INSOLVENCY LAW OR ANOTHER MISSED OPPORTUNITY?" In The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2022. http://dx.doi.org/10.25234/eclic/22415.

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Saving companies as early as possible and providing new opportunities to faltering entrepreneurs has become one of the main priorities of the EU policy. Following the example of American legislation, the EU Commission has recognized the importance of acknowledging the difficulties in doing business and, through the Directive 2019/1023, created a legal basis for harmonized restructuring tools in EU member state. The aim of the Directive is to enable encouragement, reorganization and creation of new opportunities to faltering entrepreneurs. Although the aim of the Directive 2019/1023 is well tho
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Bodul, Dejan. "WILL THE IMPLEMENTATION OF THE DIRECTIVE ON RESTRUCTURING AND INSOLVENCY HELP THE RECOVERY OF THE CROATIAN MARKETS AND STRENGTH THE ABILITY OF THE DEBTORS TO RESPOND TO NEW CHALLENGES?" In The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2022. http://dx.doi.org/10.25234/eclic/22409.

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It must be pointed out that the issue of bankruptcy proceedings in countries with a long market tradition is a dynamic area where new solutions are sought that will follow the trend of change in the international economy. The European Union, which in 2019 adopted the Restructuring and Insolvency Directive, is also making an exceptional contribution to this issue. With the adoption of the Directive, the European Union has joined the general trend of deviation from traditional, formal bankruptcy proceedings by opening a wide area to private regulation, with all the associated opportunities and r
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Bodul, Dejan, and Ivo Matić. "POSTUPAK IZVANREDNE UPRAVE: INSOLVENCIJSKI MODEL KAO „TALAC“ KRIZE." In XV Majsko savetovanje: Sloboda pružanja usluga i pravna sigurnost. University of Kragujevac, Faculty of Law, 2019. http://dx.doi.org/10.46793/xvmajsko.477b.

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The global crisis in recent years has resulted in an inconsistent economic policy of EU member states that ranged from the policy of proclaimed liberalism to the policy of ad hoc interventionism. It is the result of a mismatch between the capacity of the nation state and its existing obligations towards its citizens. Doctrinal analyses state that, therefore, states are trying to fulfil their expected function by implementing insolvency regulations aimed at rescuing infrastructure "losers" from liquidation bankruptcy while retaining those entities that are the backbone of national development p
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10

Kozar, Vladimir. "Ujednačavanje položaja insolventnih pravnih i fizičkih lica uvođenjem ličnog bankrota." In XVI Majsko savetovanje. University of Kragujevac, Faculty of Law, 2020. http://dx.doi.org/10.46793/upk20.851k.

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The paper analyzes the similarities and differences between the position of insolvent companies and other legal entities in relation to the regime applicable to natural persons who are unable to pay their obligations. In our positive law, bankruptcy can only be initiated and enforced against companies and other legal entities, and personal bankruptcy against a natural person, entrepreneur or farmer is not possible. The humanization of the position of individuals' debtors outside bankruptcy proceedings is accomplished by prescribing a series of safeguards and mechanisms, such as temporary postp
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Reports on the topic "Bankruptcy and Insolvency Law"

1

Albanesi, Stefania, and Jaromir Nosal. Insolvency After the 2005 Bankruptcy Reform. National Bureau of Economic Research, 2018. http://dx.doi.org/10.3386/w24934.

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2

White, Michelle. Corporate and Personal Bankruptcy Law. National Bureau of Economic Research, 2011. http://dx.doi.org/10.3386/w17237.

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3

Kannan, Phillip. An Overview of Bankruptcy Law for Adjudicators. Office of Scientific and Technical Information (OSTI), 2002. http://dx.doi.org/10.2172/795519.

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4

White, Michelle. Economic Analysis of Corporate and Personal Bankruptcy Law. National Bureau of Economic Research, 2005. http://dx.doi.org/10.3386/w11536.

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5

Cumming, Douglas, Randall Morck, Zhao Rong, and Minjie Zhang. Personal Bankruptcy Law and Innovation around the World. National Bureau of Economic Research, 2024. http://dx.doi.org/10.3386/w32826.

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6

Flandreau, Marc. Pari Passu Lost and Found: The Origins of Sovereign Bankruptcy 1798-1873. Institute for New Economic Thinking Working Paper Series, 2022. http://dx.doi.org/10.36687/inetwp186.

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Verdicts returned by modern courts of justice in the context of sovereign debt lawsuits have upheld a ratable (proportional) interpretation of so-called “pari passu” clauses in debt contracts which, literally, promise creditors they will be dealt with equitably. Such verdicts have given individual creditors the right to interfere with payments to others, in situation where the sovereign had failed to make proportional payments. Contract originalists argue that this interpretation of pari passu clauses has no historical foundation. Historically, they claim, pari passu clauses never granted indi
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