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Collection of Capital not Paid In
Article 643
Shares or contributions not paid in or not deposited by limited liability partners, shall be collected by the receiver in bankruptcy to complement the bankruptcy estate.
Termination of Contract
Article 644
- (1)
- The receiver in bankruptcy may terminate any contract to which the debtor is a party, provided it has not been performed wholly or in part.
- (2)
- The receiver in bankruptcy shall send a 15 days advance notice for termination of contract.
- (3)
- Upon request of the other party the receiver in bankruptcy shall respond within 15 days whether he shall keep the contract in effect or terminate it. Should there be no response, the contract shall be considered terminated.
- (4)
- Upon termination of contract the other party shall be entitled to compensation for damages incurred.
- (5)
- Keeping a contract under which the debtor is to effect regular payments shall not bind the receiver in bankruptcy to effect payments that have been overdue prior to the date of ruling on institution of bankruptcy proceedings.
Set-off
Article 645
- (1)
- Creditors may set off their obligations to debtors, provided prior to the date of the ruling on institution of bankruptcy proceedings both obligations existed and were reversibly directed to each other and of the same type and the receivable was due. Where the receivable has become due in the course of bankruptcy proceedings or as result of a ruling to declare bankruptcy, and also where both obligations have become of same type as a result of such ruling, creditors may set off only after the receivable becomes due or the receivables become of the same type.
- (2)
- The statement of a set-off shall be sent to the receiver in bankruptcy.
- (3)
- The set-off may be declared invalid with respect to the creditors in the bankruptcy proceedings, provided the creditor has acquired the receivable and the obligation to the debtor prior to the date of the ruling on institution of bankruptcy proceedings, but he knew as of the time of acquiring the receivable or obligation that insolvency, respectively overindeptedness has occurred or that an application to institute bankruptcy proceedings has been filed.
- (4)
- A set-off effected by the debtor after the initial date of insolvency, respectively overindeptedness shall be invalid with respect to the creditors in the bankruptcy proceedings, except for the part that the creditor may have acquired from distribution of assets converted into money, regardless of the time of occurrence of both reversibly directed obligations.
Nullity of Actions and Transactions
Article 646
- (1)
-
The following shall be considered null and void with respect to the creditors in the bankruptcy proceedings, if effected after the date of the ruling on institution of bankruptcy proceedings and not in compliance with the procedure established thereby:
- 1.
- performance of an obligation that has occurred prior to the date of the ruling on institution of bankruptcy proceedings;
- 2.
- pledging or mortgaging rights or chattels included in the bankruptcy estate;
- 3.
- transactions with rights or chattels included in the bankruptcy estate.
- (2)
-
The acts and transactions, effected by the debtor after the initial date of the insolvency, respectively overindeptedness, shall be null and void with respect to the creditors in the bankruptcy proceedings in case of:
- 1.
- performance of a money obligation notwithstanding the method of performance;
- 2.
- gratuitous transactions in property rights included in the bankruptcy estate;
- 3.
- pledging, mortgaging or providing another security on property rights included in the bankruptcy estate;
- 4.
- transactions against payment in property rights included in the bankruptcy estate, in case the payment exceeds significantly the value of the received one.
- (3)
- The preceding paragraphs shall not be applied in cases of performance by the debtor of public receivables or civil state receivables compulsorily collected pursuant to the procedure for public receivables.
Actions to Repeal
Article 647
In addition to the cases provided by law, the following acts and transactions effected by the debtor may be declared invalid with respect to the bankruptcy estate:
- 1.
- gratuitous transactions, except ordinary donations in favour of a spouse, relatives of direct descent and relatives of lateral branch to the sixth degree, effected within 3 years prior to the institution of bankruptcy proceedings;
- 2.
- gratuitous transactions in favour of third parties, effected within 2 years prior to the institution of bankruptcy proceedings;
- 3.
- transactions against payment, where the items given exceed considerably in value the items received, effected within 2 year prior to the institution of bankruptcy proceedings;
- 4.
- repayment of money obligation by transfer of property, effected within 3 months prior to the initial date of insolvency, where the return of the property could result in increase of the amount to be received by creditors;
- 5.
- mortgaging, pledging or providing another security in favour of a receivable not secured till that time, effected within 1 year prior to the institution of bankruptcy proceedings;
- 6.
- mortgaging, pledging or providing another security in favour of a receivable of a partner or shareholder not secured till that time, effected within 2 years prior to the institution of bankruptcy proceedings;
- 7.
- transaction effected within 2 years prior to the institution of bankruptcy proceedings which jeopardises the creditors, where one of the parties thereto is a partner with unlimited liability, partner or shareholder who owns over 20 percent of the company capital, member of a management body or another person who controls the debtor or his activities.
Return of Items Given to Third Parties
Article 648
Where the provisions of Articles 646 or 647 have been applied to transactions, the items given to third parties shall be returned, and where the items given are not found in the bankruptcy estate or moneys are owed, the third party shall become creditor.
Bringing Actions to Repeal
Article 649
- (1)
- Actions pursuant to Article 645, paragraph 3, and Article 647 may be brought by the receiver in bankruptcy, and should he fail to do so - by any bankruptcy creditor within one year following the institution of proceedings.
- (2)
- By bringing actions to repeal by the receiver a state fee shall not be collected preliminary, provided the court recognises there are not sufficient money to pay the state fee. In case the court recognises the action the state fee due shall be collected by the sentenced party, and in case the court denies the action the state fee due shall be collected by the bankruptcy estate.
- (3)
- Actions pursuant to Articles 645, 646 and 647 of this Law, as well as actions pursuant to Article 135 of the Law on Obligations and Contracts, related to the bankruptcy proceedings, shall be brought before the bankruptcy court.
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