суббота, 19 февраля 2011 г.

Vicarious liability

Creditors whose claims are in the process of liquidation proceedings have not been satisfied in full, have the right requirements for third parties (including the application of vicarious liability), unlawfully obtained property of the debtor in the amount of outstanding debt.

If the economic insolvency (bankruptcy) of the debtor - legal entity called the owner of the property, the founders (participants) or other persons, including the head of the debtor entitled to give binding instructions to the debtor, or otherwise have the opportunity to determine its actions, then such persons when failure property of the debtor imposed vicarious liability for the obligations of the latter.

Claims for bringing to vicarious liability of these persons are presented after the commencement of liquidation proceedings in the Commercial Court in case of insufficiency of the property of the debtor.

During consideration of the bankruptcy case, such claims are submitted to the Commercial Court, to hear the case. Claims crisis managers to bring to vicarious liability imposed on the amount of outstanding claims of creditors and are considered by the economic court to make a determination on the completion of liquidation proceedings.

Creditor (creditors) or its successor, the prosecutor, public authorities may bring claims on bringing to vicarious liability, within ten years from the date of bankruptcy proceedings in the Commercial Court, dealt with the case of bankruptcy.

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