The thesis is focused on the changes in different corporate relationships which occur during the compulsory settlement procedure and on their impact on corporate and ownership entitlements of different stakeholders. With the recent changes to the Financial Operations, Insolvency Proceedings and Compulsory Winding-up Act (ZFPPIPP) different measures are presented through which creditors can interfere in corporate entitlements of the shareholders and in some cases the shareholders can be deprived of their entitlements in whole. The thesis takes into consideration the perspective of law of the European Union, Slovene constitutional law and the views of different legal experts. The thesis also presents different aspects of the valuation of the insolvent debtor, which can have important consequences on deciding on the legality of the interference in the corporate rights of the shareholders. Moreover, the thesis analyses the interference in the managerial and supervisory function within the company during the compulsory settlement procedure. Finally, the thesis analyses the relationship between different types of creditors where it focuses on the issues of obligatory nature of certain measures of financial reorganization.
The critical evaluation, which different measurements of ZFPPIPP are subject to as part of this thesis, is accompanied throughout the thesis by the reasoning of the Constitutional Court of Republic of Slovenia in its recent case on admissibility of exceptional measures in the procedure of Slovene bank rehabilitation.
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