| Popis: |
The study is devoted to the issue of a legal position of a pledgee of a registered pledge in sanation proceedings. Both registered pledge and sanation proceedings are hybrid institutions. Against this background, a number of interesting legal issues arise. The study discusses the status of the debt secured by a registered pledge in sanation proceedings. The procedural role of the inventory and the claim list was indicated. Subsequently, ways of satisfying the pledgee are presented. The article refers to several issues not regulated by the legislator. First of all, it indicates according to which assumptions the valuation of the collateral should be prepared: whether at liquidation value or at normal market value. Secondly, it was indicated on what day the value of the collateral should be determined. Thirdly, it describes how to proceed in a situation where, during the restructuring procedure, the subject of collateral has degraded (or significantly changed in value). |
