THE PROTECTION OF THE PREEMPTIVE RIGHTS OF SEPARATE AND PLEDGE CREDITORS IN THE CASE OF SALES OF ENCUMBERED PROPERTY BY A DIRECT AGREEMENT
The article reviews the regulations of Republic of Serbia, domestic legal practice, as well as the opinions of jurisprudence on the exercise and protection of the preemptive rights of separate and pledge creditors in a bankruptcy proceedings. There has been clarified the legal nature of the preempti...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
University Business Academy in Novi Sad Faculty of Law for Commerce and Judiciary
2021-03-01
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| Series: | Pravo |
| Subjects: | |
| Online Access: | https://casopis.pravni-fakultet.edu.rs/index.php/ltp/article/view/559 |
| _version_ | 1819281905791533056 |
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| author | Marijana Dukić Mijatović Vladimir Kozar |
| author_facet | Marijana Dukić Mijatović Vladimir Kozar |
| author_sort | Marijana Dukić Mijatović |
| collection | DOAJ |
| description | The article reviews the regulations of Republic of Serbia, domestic legal practice, as well as the opinions of jurisprudence on the exercise and protection of the preemptive rights of separate and pledge creditors in a bankruptcy proceedings. There has been clarified the legal nature of the preemptive right on the subject of the secured right or lien. There were also provided the details related to the significance of the right of a creditor to set off its secured claim with the purchase price, in the case of a creditor being the best bidder (credit bidding). The article aims to present the manner of exercise of preemptive rights in the case of the method of sales of encumbered property/assets by a direct agreement, as well as the legal instruments the secured creditors may use in the case of its violation. There have been analysed the rules of procedure per lawsuit for annulment of a sale due to the violation of the preemptive rights. The deadline for a lawsuit, the content of the lawsuit which protects the preemptive right as well as the damage compensation right were especially considered. |
| first_indexed | 2024-12-24T01:07:07Z |
| format | Article |
| id | doaj.art-650f595f68ef469e88fbfc386f16e884 |
| institution | Directory Open Access Journal |
| issn | 0352-3713 2683-5711 |
| language | English |
| last_indexed | 2024-12-24T01:07:07Z |
| publishDate | 2021-03-01 |
| publisher | University Business Academy in Novi Sad Faculty of Law for Commerce and Judiciary |
| record_format | Article |
| series | Pravo |
| spelling | doaj.art-650f595f68ef469e88fbfc386f16e8842022-12-21T17:23:09ZengUniversity Business Academy in Novi Sad Faculty of Law for Commerce and JudiciaryPravo0352-37132683-57112021-03-0138110.5937/ptp2101001DTHE PROTECTION OF THE PREEMPTIVE RIGHTS OF SEPARATE AND PLEDGE CREDITORS IN THE CASE OF SALES OF ENCUMBERED PROPERTY BY A DIRECT AGREEMENTMarijana Dukić Mijatović 0Vladimir Kozar 1LLD, Associate Professor, The University of Novi Sad, The Faculty of Technical Sciences, SerbiaLLD, A full Professor, The Faculty of Law for Commerce and Judiciary in Novi Sad, The University of Business Academy in Novi Sad, SerbiaThe article reviews the regulations of Republic of Serbia, domestic legal practice, as well as the opinions of jurisprudence on the exercise and protection of the preemptive rights of separate and pledge creditors in a bankruptcy proceedings. There has been clarified the legal nature of the preemptive right on the subject of the secured right or lien. There were also provided the details related to the significance of the right of a creditor to set off its secured claim with the purchase price, in the case of a creditor being the best bidder (credit bidding). The article aims to present the manner of exercise of preemptive rights in the case of the method of sales of encumbered property/assets by a direct agreement, as well as the legal instruments the secured creditors may use in the case of its violation. There have been analysed the rules of procedure per lawsuit for annulment of a sale due to the violation of the preemptive rights. The deadline for a lawsuit, the content of the lawsuit which protects the preemptive right as well as the damage compensation right were especially considered.https://casopis.pravni-fakultet.edu.rs/index.php/ltp/article/view/559bankruptcypreemptive rightseparate creditorsalesdirect agreement |
| spellingShingle | Marijana Dukić Mijatović Vladimir Kozar THE PROTECTION OF THE PREEMPTIVE RIGHTS OF SEPARATE AND PLEDGE CREDITORS IN THE CASE OF SALES OF ENCUMBERED PROPERTY BY A DIRECT AGREEMENT Pravo bankruptcy preemptive right separate creditor sales direct agreement |
| title | THE PROTECTION OF THE PREEMPTIVE RIGHTS OF SEPARATE AND PLEDGE CREDITORS IN THE CASE OF SALES OF ENCUMBERED PROPERTY BY A DIRECT AGREEMENT |
| title_full | THE PROTECTION OF THE PREEMPTIVE RIGHTS OF SEPARATE AND PLEDGE CREDITORS IN THE CASE OF SALES OF ENCUMBERED PROPERTY BY A DIRECT AGREEMENT |
| title_fullStr | THE PROTECTION OF THE PREEMPTIVE RIGHTS OF SEPARATE AND PLEDGE CREDITORS IN THE CASE OF SALES OF ENCUMBERED PROPERTY BY A DIRECT AGREEMENT |
| title_full_unstemmed | THE PROTECTION OF THE PREEMPTIVE RIGHTS OF SEPARATE AND PLEDGE CREDITORS IN THE CASE OF SALES OF ENCUMBERED PROPERTY BY A DIRECT AGREEMENT |
| title_short | THE PROTECTION OF THE PREEMPTIVE RIGHTS OF SEPARATE AND PLEDGE CREDITORS IN THE CASE OF SALES OF ENCUMBERED PROPERTY BY A DIRECT AGREEMENT |
| title_sort | protection of the preemptive rights of separate and pledge creditors in the case of sales of encumbered property by a direct agreement |
| topic | bankruptcy preemptive right separate creditor sales direct agreement |
| url | https://casopis.pravni-fakultet.edu.rs/index.php/ltp/article/view/559 |
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