Directors' duty to consider the interests of creditors and other stakeholders when there is a likelihood of insolvency

Autor:	Radić Irena M.
Jazyk:	English<br />Croatian<br />Serbian
Rok vydání:	2021
Předmět:	directors' duties interests of creditors stakeholders vicinity of insolvency likelihood of insolvency Law of Europe KJ-KKZ Comparative law. International uniform law K520-5582
Zdroj:	Strani pravni život, Vol 2021, Iss 1, Pp 139-158 (2021)
Druh dokumentu:	article
ISSN:	0039-2138 2620-1127
DOI:	10.5937/spz65-29162
Popis:	Directive (EU) 2019/1023 on restructuring and insolvency requires member states to ensure that, where there is a likelihood of insolvency, directors have due regard for the interests of creditors, equity holders, and other stakeholders. In this paper, the author analyzes the legal position and interests of creditors and other stakeholders when there is a risk of insolvency and briefly addresses the legal mechanisms of corporate law that are directed to protect the interests of creditors and other stakeholders. The author also analyzes the content of directors' duty as required by the Directive and the constraints and legal challenges of enforcement of the directors' duty to act in the interests of creditors and other stakeholders.
Databáze:	Directory of Open Access Journals
Externí odkaz:	https://doaj.org/article/0c7482202b624052b466233730d9f010 Zobrazit plný text záznamu View record in DOAJ