Jana Majerová

Comparative law of de lege ferenda concept considering the Institute of Restructuring in the Legal System of the Slovak Republic

Jurisprudence 2/2015 Section: Articles Page: 23-30

Keywords: insolvency, Bankruptcy, Restructuring, Comparative Law

Abstract: The aim of the paper is to analyze the current state of the solution of the debtor´ s insolvency using the institute of restructuring in the Slovak legal system, not only de lege lata but mainly de lege ferenda. To be able to achieve the aim the standard scientific methods were used, also the method of comparative law typical for the law as for the specific scientific field. The comparatum of the paper is the existing legislation of the institute of restructuring in the Slovak legal system. The comparandum is given by the restructuring legislation in Singapore, Poland, Ukraine, the USA, Hungary, Austria, Germany and the Czech Republic. The main areas of de lege ferenda concept to consider are the absence of the principle of the protection of the debtor economic activity after the declaration of the bankruptcy proceeding, creditors locus standi to submit the motion to permit restructuring, the absence of the determination of the minimal extent of the coverage, the statue-of-repose character of the period to register a claim and also the concept of the supervisory board itself.