Bankruptcy proceedings

Law of Contract and Torts

Refuting debtor’s legal acts (actio Pauliana)

The rule is that the obligatory relations between the debtor and third parties for the creditor are res inter alios acta. An exception to this rule is the possibility for a creditor to, under certain conditions, refute legal actions taken by his debtor with a third party. The creditor refutes such actions by filing a…
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Law on Bankruptcy

The Petition for Initiating Bankruptcy Proceedings

The Law on Bankruptcy (“Off. Herald of the Republic of Serbia”, Nos. 104/2009, 99/2011 – other law, 71/2012 – decision of the Constitutional Court, 83/2014, 113/2017, 44/2018, 95/2018, and 44/2025 – decision of the Constitutional Court) shall govern the manner and conditions of initiating and conducting bankruptcy proceedings against legal entities. Bankruptcy proceedings, within the…
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Law on performing payment of legal persons, entrepreneurs and natural persons

Collection of receivables from debtors in the blockade

Under conditions of the global financial crisis increases the risk of debt uncollectability. The risk of this type primarily depends on the individual claims, payment terms, economic and political conditions in the country, as well as the solvency and creditworthiness of the debtor. The occurence of the debtor’s inability to fulfill its financial obligations due to blockage…
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Companies Act

Additional payments of the company member

Additional payments, as well as the loan to the company is one of the several possible ways of financing the company by a member of the company. The provisions of Articles from 178 to 180 of the Companies Act regulates the following issues related to additional payments: manner of establishing the additional payment obligation, consequences…
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Law on Banckruptcy and the Law on Enforcement and Security

Reorganisation plan as a enforceable document

Bankruptcy proceedings, within the meaning of the Law on Bankruptcy, shall be insolvency or reorganisation. Insolvency shall mean creditor satisfaction through the sale of entire assets of the bankruptcy debtor, or the sale of the bankruptcy debtor as a legal entity. Reorganisation shall mean creditor satisfaction accomplished under the adopted plan of reorganisation by redefining…
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