Още веднъж за прихващането в производството по несъстоятелност. За обективния характер на качеството „ликвидност“ и за прих-ващането с погасени по давност вземания
Once again on set-off in insolvency proceedings. On the objective nature of „Liquidity“ and set-off with statute-barred claims

Summary/Abstract: This article analyzes set-off under Article 645(1) of the Bulgarian Commer-cial Act with claims that have not been filed within the time limits set out in Articles 685 and 688 of the Commercial Act. Special emphasis is placed on the possibility of set-off using claims that are time-barred. The analysis is prompted by a pending court dispute that gives rise to broader theoretical issues extending beyond the specific case. The study distinguishes between the general debate in legal theory and case law concerning the applicability of the time limits under Articles 685 and 688 of the Commercial Act to set-off, and the specific issue of set-off with time-barred claims. The main con-clusion is that even if, in the future, case law is unified in the direction that claims intended for set-off must be filed within the time limits under Articles 685 and 688 of the Commercial Act, these time limits should not apply where set-off is effected with time-barred claims.

• Details
• Contents