Bankroto proceso samprata.
The scholars writing on bankruptcy proceedings have not yet reached an agreement whether bankruptcy proceedings are considered to be a part of the civil procedure or an independent branch of law. The reasons for that are the particularity of the method and subject of the legal regulation that could distinguish bankruptcy proceedings from the other branches of law. Therefore, wondering whether the legal norms regulating the relations of bankruptcy could form an independent branch of law and taking into account the most common ways the branches of law are delimited, the article examines their subject, method, purpose and expediency of the legal regulation. A conclusion is made that the complex nature of the norms regulating the relations of bankruptcy (the requirement related to the insolvency of the company due to the application of particular procedural measures that could preclude the insolvency of the company or ensure the proportional fulfillment of the creditors’ requests) determines the necessity to regulate the legal relations (substantive as well as procedural) having separate legal acts in mind. However, different areas of social relations (as well as the relations of bankruptcy) regulating the legal norms irrespective of the form they are given (legislations, codes, etc) could not be identified with a branch of law as the unit of norms regulating homogeneous relations with the help of the special method. The regulation of a relatively isolated group of social relations is not sufficient for an independent branch of law to originate. [...]
- Straipsniai / Articles