Μορφές προϋποθέσεις και διαδικασία του άρθρου 99επ. του Πτωχευτικού Κώδικα μετά τον ν. 4446/2016 – Προπτωχευτική διαδικασία εξυγίανσης των επιχειρήσεων καθώς και προτάσεις de lege ferendα

Καβαδέλλα, Έλλη

Master Thesis

Author

Καβαδέλλα, Έλλη

Date

2018-11

Abstract

This paper analyzes the forms of the procephalic consolidation process after the amendments to Law 4446/2016, the proposals de lege ferenda are presented. Specifically, the new consolidation process is presented, aiming at rescuing companies in economic crisis with a detailed reference to the changes that have taken place. In times of severe economic crisis, as in the last 8 years in Greece, with businesses being overwhelmed by enormous financial difficulties, it was necessary to change and modernize the legislative framework that has been made to facilitate the rescue of viable businesses. Τhe choice of rescue is the only realistic alternative for creditors to take part of what they are entitled to and are entitled to. With the consolidation strategies an attempt is made to restore the debtor to the market and its business. The consolidation of the sanity mentality, with a collective and honest effort by all involved, is vital to the success of the institution of consolidation. With regard to the purpose of any consolidation process, we can use the appropriate judgments on the conciliation procedure but have a more general value in this respect. (Law No. 10689/2008, Law No 2009, 408, 28664/2008, Nos 2009, 403 and Al. Rokas, Thinking of the Firm Resolution, 2014) “The aim of the law was to prevent bankruptcy at the disposal of the debtor, legal mechanisms to prevent the unavoidable destructive liquidation, so that the financial difficulties are treated in a cautious, serious, imaginative, negotiable, secure and confidential way between the debtor and the creditors. The conciliation procedure is sought under the guarantee of the judicial authority and with the creditors' partnership, the satisfaction of the latter through the rescue of the undertaking which is threatened by economic collapse or that of the business activity does not give rise to expectation of survival, preserving jobs, promoting the local socio-economic area in which the enterprise operates and, more generally, the national economy”

Postgraduate Studies Programme

Δίκαιο και Οικονομία

Department

Σχολή Οικονομικών, Επιχειρηματικών και Διεθνών Σπουδών. Τμήμα Οργάνωσης και Διοίκησης Επιχειρήσεων

Number of pages

167

Language

Greek

URI

https://dione.lib.unipi.gr/xmlui/handle/unipi/11840

Collections

Τμήμα Οργάνωσης και Διοίκησης Επιχειρήσεων

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