SHAREHOLDERS´ CLAIMS OF A BANK IN BANKRUPTCY ON THE BASIS OF SHARE HOLDINGS

Abstract

Rehabilitation, bankruptcy and liquidation procedure are regulated by bankruptcy act. In this matter as general provision compulsory adjustment, bankruptcy and liquidation act are applied. According to the Article 20 of the Bankruptcy Act, federal statutory provisions which regularize bankruptcy, are applied to bankruptcy proceedings of a bank in bankruptcy, except for the provisions about bankruptcy judge, award for working and trustee in bankruptcy reimbursement of costs, and provisions which regulize compulsory adjustment, while according to the Article 24 of the same act, it is regulated that federal statutory provision, by which is regulated liquidation, apply to a bank liquidation procedure, if it is not regulated differently by this act. Statutory provisions, opinions of legal theory, as positions of current case law which are related to shareholders´ rights in the case of bankruptcy or liquidation of joint stock company; to the shareholders´ claim of bank in bankruptcy on the basis of share holdings; to shareholders´ claims in the case of bank liquidation, difference between plain and priority shares; to the payment orders of bank in bankruptcy´s creditors and claims on the basis of deposit; to the actual jurisdiction of commercial court in all disputes regarding bankruptcy and liquidation; as to the sphere of practicing procedure in economic disputes and the attraction of actual jurisdiction in lawsuits regarding bankruptcy, are particularly analised in the study.

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