| Abstract [eng] |
The research of masters thesis was focused on the protection of the interest of secured creditors in insolvency proceedings under cross-border insolvency law dedicated to the analysis of the concept of rights in in rem, ranking of the creditors, conflicting approach of measures for protection of secured creditors and interests of debtors in restructuring proceedings and its practical application of EU law, especially in the field of cross-border insolvency proceedings, which mainly operate through the European Insolvency Regulation and Directive on restructuring and insolvency proceedings. Therefore, with the help of existing International and European cross-border insolvency framework developed by authors, insolvency practitioners and lawmakers, it was explained from both the theoretical and practical point of view – what is rights in rem, what falls under the concept of rights in rem, concept of ranking of creditors and coexistence of two competing measures of protection for creditors and debtors. One of the major processes analyzed in the study was unionization and harmonization of insolvency laws. Study examined the practice developed by the CJEU regarding Insolvency law cases, as the clear link between the existing legal framework and its application in practice. The research revealed that under EU law there is no clear definition of rights in rem and what assets fall under the concept, also revealed the importance of having the harmonized order of ranking of creditors. |
