Initiation of Bankruptcy Proceedings

Companies Act

Compulsory liquidation of companies

The procedure of compulsory liquidation and deletion from the register of business entities of companies shall be initiated and conducted ex officio by the Agency for Business Registers of the Republic of Serbia when there are reasons for creating the procedure of compulsory liquidation prescribed by the Companies Act. The provisions of Articles 546, 547…
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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 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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