Supervisors info:
Καθηγητής Γεώργιος Μιχαλόπουλος, Νομική Σχολή ΕΚΠΑ
Επίκουρος Καθηγητής Εμμανουήλ Μαστρομανώλης, Νομική Σχολή ΕΚΠΑ
Λέκτορας Κωνσταντίνα Μπέτζιου - Κάμτσιου, Νομική Σχολή ΕΚΠΑ
Summary:
In the current Bankruptcy Code (L. 3588/2007), until the entry into force of L. 4738/2020 "Debt settlement and provision of a second chance", although the debtor - a natural person is maintained as a model, a grid of scattered provisions is introduced, concerning the legal entities (for example articles 96-98, article 2 par. 1, 4 par.2, 164 par. 2, 176). However, although the above grid exists, which resolves and illuminates many previously disputed issues, we can not talk about a comprehensive legal regulation of the "Bankruptcy Law of Legal Entities". It becomes clear, then, that is beyond interesting and quite enlightening to study and examine issues which are concerning the bankruptcy law of legal entities
This paper does not analyze the conditions for declaring bankruptcy of a legal entity and the consequences in general, when they do not differ from what is already known in the general teaching of bankruptcy law. In contrast, it will be very interest when ,in case of legal entities, there is a dispute or a more specific regulation. The main part of the work is divided into the following three chapters:
The first chapter deals with specific issues of bankruptcy of legal entities. Thus, the focus is on the in-depth analysis of the subjective condition of the declaration of bankruptcy, as through its development it is clarified which legal entities have bankruptcy capacity and fall within the subjective scope of the bankruptcy code.
Then, in the context of the legalization of the debtor - legal entity to submit a bankruptcy request, we will deal with who is obliged to submit it and in particular, although in which cases a decision of the company's meeting is required.
Also, the issue of the bankruptcy of the general partners of a general and limited liability company and the main concerns of this institution will be analyzed.
Next, we will deal with the major consequence of declaring bankruptcy, namely, the dissolution of the legal entity and the subsequent procedure. In the context of this chapter, it is appropriate to follow the analysis of the division of responsibilities between the retained bodies of the legal entity and the liquidator and to give some relevant examples for this distribution. Finally, the termination of the legal entity will follow in relation to the termination of the bankruptcy and the possibility of revival.
The second chapter will deal with the analysis of the civil liability of the directors of capital companies in the event of bankruptcy and the provocation of the cessation of payments according to article 98 of the Bankruptcy Code.
Finally, in the third chapter there will be a brief reference to the new Law 4738/2020, which was recently published, after intense consultation in Parliament, and the way it regulated or the changes it may bring to the issues that will be analyzed in the context of this paper.
Keywords:
legal entities, bankruptcy, solution - termination - revival, bankruptcy waiver - deferral of payment, Law 4738/2020
