FOR SOME DEALS OF THE ASSIGNEE IN BANKRUPTSY WHEN CASHING PROPERTY IN A PROCEDURE OF DECLARING BANKRUPT ACCORDING TO THE TRADE LAW

NEZABRAVKA STOEVA

 

Abstract

Some actual problems related to the theory and practice concerning the act of declaring bankrupt. A special attention has been paid to the selling of real estates and the types of selling at the procedure of declaring bankrupt. To that relation the author does some constetation and conclusions concerning the low empties and gaps in the Trade Law at the procedure of declaring bankrupt. The presence of a controversial justice practice on the subject weather the act of a real estate by a public state is an origin or a derivative way for gaining the right of a property shows the different outlook in the practice. Thus, for example, in the Decision No 365 from 22.10.2012, a civil trial No 17/2012 of the First Civil Department of the Supreme Court of Cassation, has been accepted that the mentioned way can be derivative. An opposite statement that a peculiar origin way has been at hand is mentioned in the Decision No 92 since 18.08.2010 a civil trial No 645/2009, Т. К. of the Second Trade Department of the Supreme Court of Cassation. All that shows that the procedure of declaring bankrupt will continue to be an actual subject from the point of a view of the science and practice.

 

Key words

Bankrupt, sell of real estates, sell of property, assignee in bankruptsy

 

References

Бешков, П. Българско нотариално право, книга втора, т. II, с. 145.
Решение No 1198 от 05.02.2009 г. по гр. д. No 4955/2007 г. Г.К. I-во г.о. на ВКС.

 

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