ДОКТРИНАЛНИ СХВАЩАНИЯ ОТНОСНО СЪЩНОСТТА НА ПРОИЗВОДСТВОТО ПО НЕСЪСТОЯТЕЛНОСТ
DOCTRINAL CONCEPTS ON THE NATURE OF INSOLVENCY PROCEEDINGS

Summary/Abstract: The research interest in this study centers around the exploration of the distinct theories and schools of thought in the doctrine which are related to the explanation of the legal nature of insolvency proceedings. The studied theoretical views are systematized in two categories: the first based on the legally protected interest, and the second based on the principle of equity. The basic scientific thesis is that the prevailing doctrinal concepts lying at the heart of the insolvency law in the Republic of Bulgaria are those based on the protection of the collective interests of creditors. Based thereon it has been found a prevailing tendency toward liquidation of the trader’s undertaking instead of saving it.

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