Новият иск по параграф 6 от преходните и заключителните разпоредби на Закона за изменение и допълнение на Закона за банковата несъстоятелност
Автор: Матей Матев
The article „The new claim under paragraph 6 of the Transitional and Terminal Provisions of the Law on Amendment and Supplement of the Bank Insolvency Act“ clarifies its theoretical aspects. They address the relative nullity of series of share-transfers made by debtors of Corporate Commercial Bank (CCB), AD (in insolvency), after the date of its placement under special supervision by the Bulgarian National bank. The claim by its general characteristics is an action for revocation, requiring a special legitimacy of the insolvency administrator, the temporary insolvency administrator or the Deposit Insurance Fund. All of them should defend the interests of the creditors of the insolvency mass. The study of the claim observes the time limit, the special jurisdiction, the effect of the courtdecision and its proximity with the claim under Article 135 of the Obligations and Contracts Act, as well. The conclusions made consider the lawsuits for the bad faith transactions with the shares of CCB debtors and outline the factual composition of the claim and its frame of proof.