Naslov
Effects of Foreign Insolvency Proceedings on Pending Lawsuits According to the European Insolvency Regulation

Autori
Garašić Jasnica

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni

Knjiga
Exploring the Social Dimension of Europe

Urednik/ci
Sander, Gerald G./Pošćić, Ana/Martinović, Adrijana

Izdavač
Verlag Dr. Kovač

Grad
Hamburg

Godina
2021

Raspon stranica
177-191

ISSN
1435-6821

Ključne riječi
foreign insolvency proceedings ; pending lawsuits ; European Insolvency Regulation

Sažetak
It is questionable whether really all effects of foreign insolvency proceedings on a lawsuit pending in another Member State should be governed by the lex fori processus as the wording of Article 18 of the European Insolvency Regulation (EIR) suggests. The lex fori concursus should be taken into account when deciding on the debtor’s party ability and process capability in a pending lawsuit. The lex fori concursus should govern the question of whether the insolvency practitioner is authorized to represent the debtor in a pending lawsuit as well as who is authorized to initiate the continuation of a stayed/sustained lawsuit. It should also govern the effects of insolvency proceedings on a power of attorney. Unfortunately, the EIR does not contain sufficiently precise rules regarding the principle of vis attractiva concursus. In order to avoid different interpretations of this principle by national courts, the European legislator may provide de lege ferenda in Article 6 EIR a concrete non- exclusive list of the most typical lawsuits that derive directly from the insolvency proceedings and are closely linked with them. Further, the relationship between the principle of vis attractiva concursus and Article 18 EIR has to be clearly determined.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA