Personal bankruptcy proceedings were introduced into the Slovenian legal system by the Financial Operations, Insolvency Proceedings, and Compulsory Dissolution Act in 2008. The original purpose of personal bankruptcy is, as in bankruptcy proceedings against a legal person, simultaneous and proportional repayment of the creditor's ordinary claims from assets of the debtor in bankruptcy. In addition, within the framework of personal bankruptcy proceedings, procedure for remission of liabilities may be executed, which enables an honest and conscious debtor in bankruptcy to be provided for the termination of liabilities, under pre-prescribed conditions, in part in which the debtor in bankruptcy is not capable of fulfilling from the assets. Personal bankruptcy proceedings are therefore a search for balance between the interests of creditors after the maximum repayment of their claims and the interests of the debtor, so that after the end of personal bankruptcy proceedings the debtor in bankruptcy is allowed a new beginning.
The master's thesis initially addresses personal bankruptcy proceedings and procedure for remission of liabilities. In the following, the master's thesis focuses on some problematic issues of personal bankruptcy, including whether personal bankruptcy proceedings in the event of the debtor's death continue as the legacy bankruptcy proceedings, as well as the issue of joint property of spouses in personal bankruptcy proceedings. The purpose of the master's thesis is to try to find answers for the issues in which we cannot yet talk about established case law.
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