Κατεύθυνση Αστικό Δίκαιο και Σύγχρονες Οικονομικές Συναλλαγές
Library of the School of Law

2018-03-25

2018

Lekkas Daniil

Καλλιόπη Χριστακάκου- Φωτιάδη, Καθηγήτρια Νομικής ΕΚΠΑ
Γεώργιος Λέκκας, Αναπληρωτής Καθηγητής Νομικής ΕΚΠΑ
Κωνσταντίνος Καραγιάννης, Επίκουρος Καθηγητής Νομικής ΕΚΠΑ

Πεδίο εφαρμογής της διάταξης του άρθρου 479 Α.Κ στην εξυγίανση επιχειρήσεων

Greek

Scope of the article 479 of greek CC when a company is reorganised

Under the provision of the article 479 of Greek CC person who acquires a fortune or a company is responsible towards his predecessor’s creditors for paying his predecessor’s debts that derive from the fortune or the business that is conveyed to him. His obligation is limited up to the value of the fortune or business that he acquires. This provision provides the conveyer’s creditor with an additional means of personal security, as the creditor acquires a second debtor who is responsible towards him with his whole fortune, when a fortune or a business is conveyed to a third person. Provision of article 479 of CC is exempted in cases that a business is conveyed in pursuance of insolvency proceedings. Under the greek law when a company is conveyed in pursuance of an insolvency agreement, creditors’ claims are not compromised, because the latter enter into the aforementioned insolvency agreement and they always preserve the right to accept onerous terms. Consequently, exclusion from the scope of the provision of the article 470 of CC is completely justified when a business is reorganised.

Law and Legislation

Civil Law

conveyance of companies

No

0

No

30

66

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https://pergamos.lib.uoa.gr/uoa/dl/object/2707554