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Ius Novum
|
2009
|
issue 2
7-20
EN
Actual solution grossly contravenes the rights of both all the creditors who are interested in satisfaction of their claims from bankrupt's estate as well as those persons who had moved for securing their claims materially long before the debtor's financial situation worsened. It is accurately emphasized in the doctrine that the wording of article 81, item 3 is a result of the legislator's oversight and contradicts ratio legis of the act as well as the regulation itself. Amending of article 81, item 3 of the act is aimed at removing the discussed flaw. The new wording accepts the admissibility of an entry in the land and mortgages register on a condition that the motion is lodged in court 'at least six months before a declaration of bankruptcy is filed'. Of course, the change should be assessed positively.
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