VieĊĦojo intereso gynimas juridiniĊ³ asmenĊ³ bankroto bylose - PhDData

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VieĊĦojo intereso gynimas juridiniĊ³ asmenĊ³ bankroto bylose

The thesis was published by Mogenytė, Vilija, in June 2023, Mykolas Romeris University.

Abstract:

In legal thought, the apparent constants of a systematic approach are observed: firstly, it is widely recognized that the public interest is highly relevant in bankruptcy cases; secondly, the public interest is perceived as a legal value of exceptional importance and must be protected. The dissertation “Protection of the Public Interest in Bankruptcy Cases of Legal Entities” deconstructs and examines the problem of the content and meaning of the public interest in bankruptcy proceedings. The research seeks to address a range of relevant questions: what does the public interest mean altogether in the context of the bankruptcy of legal entities? What is the content of the public interest in bankruptcy proceedings? What are some common practical scenarios in bankruptcy cases in which the need to protect the public interest may arise? Which actors of the bankruptcy legal system are directly and/or indirectly assigned to protect the public interest in bankruptcy proceedings, and who should assume this responsibility? What could reasonably be considered an appropriate response to the public interest in bankruptcy cases? The dissertation aims to identify guidelines for protecting the public interest in bankruptcy proceedings of legal entities, reveal practical problems in the protection of the public interest in bankruptcy cases in Lithuania, and propose solutions for consideration. The author of the dissertation discloses certain long-standing and accepted aspects of Lithuanian bankruptcy legal regulation as faulty practices and substantial obstacles to the protection of the public interest in bankruptcy cases.



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