Kreditorių teisių apsauga įmonės kaip verslo perleidimo sandoriuose (straipsnis anglų kalba)

2011 
The Civil Code of Lithuania re-established enterprise (business) as a self-sufficient object of civil rights and introduced several legal transanctions with it, the so- called asset deals (sale-purchase of enterprise and lease of enterprise). Since every transfer of enterprise comprises the transfer (delegation) of debts to the new owner, the legal regulation on asset deals must be orientated to the protection of creditorsrights. However, the legal practice showed that the existing legal regulation regarding asset deals, in particular the mechanism of the protection of creditorsrights, is complex, and thus unappealing to legal practitioners. Therefore, this research focuses on an analysis of the legal regulation of the mechanism of the protection of creditorsrights applicable to asset deals and its impact on the civil turnover of enterprise as an object of civil rights. In order to thoroughly examine the problem of the efficient mechanism of the protection of creditorsrights, the national legal regulation is analysed in comparison to the legal systems of France, Germany and Russia.
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