The master's thesis in the field of insolvency law determines whether the Slovenian legal system enables and encourages out-of-court financial restructuring procedures. It tackles this by analyzing the informal restructuring process that emerges through the practice and legal rules that govern and restrict it. It is governed mainly by the general rules of the law of obligations, which allow for various forms of modification of the debt and other necessary arrangements between the debtor and the creditors and the creditors among themselves. The corporate law possibility of debt conversion into the company's capital and the exception regarding the mandatory submission of a takeover bid are also important. The informal procedure is indirectly strongly influenced by the regulation of formal insolvency proceedings. The regulation of formal procedures is important primarily from the point of view of regulating the mutual relations between creditors and from the point of view of their predictability and efficiency.
|
