Razlučni i založni poverioci kao stranke u stečajnom postupku

Abstract

The article analyses the legal provisions, legal practice, as well as opinions of jurisprudence on creditors with rights to separate settlement and pledge creditors as two special categories of secured creditors, which appear as parties in bankruptcy proceedings. It is pointed out that the distinguishing criterion is based on whether the creditor has a claim against the bankruptcy debtor secured by a mortgage or pledge on his property, i.e., whether the bankruptcy debtor is also the debtor of the secured claim or that is a third party. Terminological inconsistencies in the use of the term “mortgage debtor” are especially considered. Also, the views on the legal nature of the deadline for submitting the notification on the lien were analysed, as well as on the further actions of the court upon receipt of the notification of the pledge creditor. The position of the legal practice that the establishment of a mortgage on the real estate of a bankruptcy debtor in favour of pledge creditors to secure a claim against a third party represents as a non-encumbrance disposition subjected to refuting has been criticized.