Review article
https://doi.org/10.31141/zrpfs.2023.60.150.809
Some legal areas of dispute when mergering a limited liability company as a debtor in pre-bankruptcy procedure
Vedrana Švedl Blažeka
orcid.org/0000-0002-9452-5777
Abstract
The merger process in the pre-bankruptcy procedure is a possible model of debtor restructuring.
However, in the Croatian legal system, the issues of status changes, including merger, have not
been adequately resolved, and doctrinally they have been insufficiently researched. Despite attempts
to modernize the Bankruptcy Act, the issue of abuse of rights in pre-bankruptcy proceedings is
not diminished. Essentially, the basic controversies regarding the status changes of debtors in prebankruptcy
proceedings stem from the issue of the permissibility of this action without the consent of
the court and the possibility of making such an entry in the court register. Examining the regulatory
framework as a whole, it can be concluded that status changes of debtors in pre-bankruptcy and
bankruptcy proceedings require a more detailed normative solution with the Bankruptcy Act and
Company Act. There is also a need to encourage party discipline in the sense of reducing room
for abuses, establishing more economical creditor protection mechanisms and more consistent and
uniform judicial practice.
Keywords
merge; shares; pre-bankruptcy procedure; restructuring plan; limited liability company
Hrčak ID:
311849
URI
Publication date:
20.12.2023.
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