| Title |
Ar egzistuoja palankesnės teisės ieškojimo galimybės bankroto bylose? / |
| Translation of Title |
Whether possibilities to seek a more favourable law for international insolvency proceedings exist? |
| Authors |
Kirilevičiūtė, Laura |
| DOI |
10.15388/Teise.2010.0.255 |
| Full Text |
|
| Is Part of |
Teisė / Vilniaus universitetas.. Vilnius : Vilniaus universiteto leidykla. 2010, t. 74, p. 93-104.. ISSN 1392-1274 |
| Abstract [eng] |
favourable legal status or, in exceptional cases, to seek for non application of Regulation. The second precondition for seeking a more favourable legal position is an unblocked possibility to move the place of main interest from one state to another while seeking to open an insolvency proceedings in a particular state. It is especially important in cases, when because of international aspect of activity of a debtor, marks of place of main interest are detected in several states. the Court of Justice by its interpretation in Case C-1/04 has blocked the possibility to move the palace of main interests into a state of a more favourable legal status and thus to change jurisdiction during the period, which starts with the moment when application to open insolvency proceedings is lodged and ends, when insolvency proceedings are opened. However, there is still left a possibility to move the place of main interests into a favourable state before application to open insolvency proceedings is lodged. Such a way of seeking a more favourable legal status is not blocked, but courts, when applying Regulation, should judge in such situations bearing in mind that one of the aims of regulation was exactly the aim to eliminate possibilities to fraudulently seek for a more favourable status. |
| Published |
Vilnius : Vilniaus universiteto leidykla |
| Type |
Journal article |
| Language |
Lithuanian |
| Publication date |
2010 |
| CC license |
|
