Published: 2019-12-03

The effects of the so-called incidental proceedings in Slovak Restructuring Law

Rafał Adamus
The Opole Studies in Administration and Law
Section: Articles
DOI https://doi.org/10.25167/osap.1536

Abstract

This study is devoted to the analysis of Slovak restructuring law limited to the interpretation of § 124 sec. 6 ZoKR. The provisions of Slovak law in relation to claims reported but not recognized in the restructuring proceedings allow creditors to bring legal action against the debtor, under the so-called incidental action. The effects of the court’s decision issued after conducting such proceedings are set out in § 124 sec. 6 ZoKR. The content of the study presents arguments for the thesis that the term “ne mozno voci dlznikovi vymahat”, as used in § 124 para. 6 ZoKR, carries a substantive effect of the expiry of the claim, but as a result of the court’s recognition of the case in an incidental proceedings by virtue of the general procedural rules, it appears – the state of res judicata. From the provision of § 124 para. 6 ZoKR it should be concluded that by the end of the incidental process, the state of lis pendes is updated.

Keywords:

restructuring proceedings, incidental proceedings, notification of claims, expiration of the claim

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Citation rules

Adamus, R. (2019). The effects of the so-called incidental proceedings in Slovak Restructuring Law. The Opole Studies in Administration and Law, 17(2), 33–53. https://doi.org/10.25167/osap.1536

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