出版社:LLC “Consulting Publishing Company “Business Perspectives”
摘要:The authors of the article respond to the current issue of unsecured creditors'protection in the restructuring process of the company.The aim of the authors is to explore legal possibilities of the position and of the rights of unsecured creditors in restructuring proceedings,to identify results of the legislative changes in the legal and property sphere of unsecured creditors,to point out critically the pitfalls and to formulate options of the future legislation of the unsecured creditors'status in the restructuring.The authors offer in the article a comparative look at these questions,comparing the relevant rules in Act.No.87/2015 Coll.,amending and supplementing Act.No.513/1991 Coll.Commercial Code, as amended,and supplementing and amending certain laws,which,with effect from 29 April 2015 changed the law no. 7/2005 Coll.on bankruptcy and restructuring,as amended,in particular with a view to conclude whether this change will be positive contribution for the status of unsecured creditor and for the enforcement of its rights in restructuring proceedings and if that will bring more legal certainty compared to the previous state.
关键词:unsecured creditor;protection of the rights of an unsecured creditor;restructuring;legislative changes.