SUBSTITUTE CORPORATE TRANSACTIONS OF THE INSOLVENCY PROCEEDING
Keywords:
Universal transfer, insolvency proceeding, challenging, liquidation, spin-off, merger, voidance transactions in insolvenciesAbstract
Th e work analyses the possibilities of substituting the insolvency proceeding for some corporate transactions, which can be a more fair and effi cient solutions to insolvency. Liquidation should substitute the insolvency proceeding in two particular cases (the insolvency due to simple cash diffi culties and the lack of assets for paying the cost of the insolvency proceeding). Corporate restructuring involving transmission of enterprises (mergers, spin-off s) can be a general solution to insolvency.