Валидността на арбитражното споразумение при възлагане на вземането в производството по търговска несъстоятелност
VALIDITY OF AN ARBITRATION AGREEMENT WHEN A RECEIVABLE IS ASSIGNED IN COMMERCIAL BANKRUPTCY PROCEEDINGS

Summary/Abstract: It is the first time that an article has considered the matter of validity of an arbitration agreement in those cases where, in the course of commercial bankruptcy proceedings, a receivable of the bankrupt trader is assigned to a third person, namely the buyer, after an auction is held by the trustee in bankruptcy. The author substantiates and submits arguments in favour of the assertion that the assignment of a receivable through a court decree is a third method of transfer of a receivable, other than the cession and the universal legal succession. When this method is used, the arbitration agreement is retained and continues being effective in the relations between the debtor and his new creditor.

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