OSTVARIVANjE ZALOŽNIH PRAVA U STEČAJNOM POSTUPKU IZ VREDNOSTI OPTEREĆENE IMOVINE

Abstract

The article analyzes the legal provisions, legal practice, as well as the opinions of jurisprudence on creditors with rights to separate settlement and pledge creditors as two special categories of secured creditors. The opening of bankruptcy proceedings over the owner of the real estate under the mortgage or of the movable property under pledge has a significant impact on the process of exercising rights and the position of secured creditors. The bankruptcy legal framework in the Republic of Serbia, on the one hand, limits their rights, and on the other hand, provides significant guarantees, by prescribing more specific institutes that further improve the position of secured creditors in the sale of encumbered assets of the bankruptcy debtor, which is the subject of this paper. First of all, the rules that condition the leasing of the encumbered asset of the bankruptcy debtor with the consent of creditors with rights to separate settlement and pledge creditors are considered. Also, the influence of the moratorium on the realization of liens by settling claims from the value of encumbered asset is presented, as a possibility of abrogation of the legal prohibition of individual execution. The procedure of the realization of the preemptive right on the subject of the right to seek separate settlement and on the subject of lien, in the case of the method of sale by direct agreement, as well as the application of the credit bidding institute (possibility for the creditor to offset his secured claim with the purchase price, in case he is the best bidder), have been explained.