Taikos sutarties sudarymo galimybės bankroto procese

Abstract

Amicable settlement is a special kind of agreement. It bears substantive legal aspects as it belongs to the field of regulation of substantive law and directly influences substantive legal relations of the pleading parties. On the other hand, amicable settlement also possesses procedural aspects as it is subjected to regulation of procedural law (code of civil procedure defines the procedure of conclusion of amicable settlement, its approval by the court, determines procedural legal consequences and obligation of amicable settlement). The article scopes on the both, material and procedural issues of amicable settlement in insolvency proceedings. Particular attention is paid to the conclusion, approval, effect, form and substance of amicable settlement, contracting parties, their rights and obligations and, finally, to legal consequences of amicable settlement. A significant part of the article deals with existing problems, lack of legal regulations defining certain aspects of amicable settlement in insolvency proceedings and possible measures for elimination of vacancy in legal regulation.