Prelazak prava i obaveza na stečajnog upravnika kao posledica otvaranja stečajnog postupka

Abstract

This paper analyses provisions of the law, the standpoints of domestic court practice and the opinions of jurisprudence on the transfer of rights and obligations to the bankruptcy manager, as the most important consequence of opening bankruptcy proceedings against the bankruptcy debtor. It was pointed out that the representation and management function are merging in the person of the bankruptcy manager, while the members and shareholders of the bankruptcy debtor retain the ownership function with significant restriction of rights, which results in the suspension of the company’s assembly. The standpoint on the admissibility of the appeal of the majority shareholder against the decision to open bankruptcy proceedings is presented. The effects of bankruptcy on the loss of legal capacity and the transfer of representation rights to the bankruptcy manager, as well as on the limitation of the legal capacity of the bankruptcy debtor are explained. Different views on the legal position of the bankruptcy manager were pointed out. Issues related to the function of interim bankruptcy manager as a sui generis security measure after the revocation of the decision to open bankruptcy proceedings were considered. Also, theoretical and practical issues related to limiting the liability of the bankruptcy manager for damage caused to participants in the proceedings were analyzed, with different views and criticism of existing legal solutions.