The declaration of bankruptcy is the official starting signal of the bankruptcy process. Since the bankruptcy of a business affects not only the debtor but also its transactions with third parties, the involvement and role of the judiciary and procedural law in its declaration provide a guaranteed framework for the safety of transactions.
A modern monograph concerning the specific procedural rules of bankruptcy proceedings was absent from the Greek literature. This book aims to fill that gap. As the current bankruptcy procedural law arises from the combined application of the rules of the Code of Civil Procedure (CCP) and the Bankruptcy Code (BC), the author focuses his research on the interpretation and practical application of the relevant procedural rules in the first two chronological trials of the bankruptcy process.
Identifying gaps, contradictions, and issues arising from the application of the aforementioned provisions and being in constant dialogue with theory and jurisprudence, the author applies the rules of legal methodology and proposes solutions to the litigant, the lawyer, the judge, and the legal scholar for numerous issues related, among others, to the functioning of the first two chronological bankruptcy trials, as special trials of voluntary jurisdiction, with the initiation of the procedure, with the content of the application, with the jurisdiction of the bankruptcy court, with the concept of the litigant, with standing and legal interest, with pending litigation, with the ways of concluding and terminating the bankruptcy trial, with the actions developed by the decision of the bankruptcy court, and with the legal remedies and aids through which this decision is challenged.
Finally, the author addresses issues concerning precautionary measures (Article 10 of the BC). He identifies the applicable provisions of the CCP, delineates the content of these measures, analyzes the "named" measures provided by the provision, and examines other measures that could be ordered within the framework of the relevant discretion of the court.
The publication takes into account the recent amendments to the Bankruptcy Code with Law 4446/2016 (Government Gazette A’ 240/22-12-2016). The book is prefaced by Michalis Margaritis, retired Areopagite, Chairman of the Legislative Drafting Committee of the BC (Law 3588/2007).
Manufacturer
- Author
- Vasileios CHatziioannou
- Publisher
- Ekdoseis Sakkoula A.E.
- Type
- Law - Rights, Political Sciences
- Language
- Greek
- Subtitle
- Drafting Committee of the Bankruptcy Code (Law 3588/2007)
- Cover
- Soft
- Number of Pages
- 463
- Release Date
- 12/2016
- Publication Date
- 2016
- Dimensions
- 17x24 cm
- ISBN-13
- 9789605685430
Important information
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