Bankruptcy trustee as plaintiff auction

Currently include trustees in bankruptcy between regular applicants auctions, since the auction is legally an obligatory manner monetization property belonging to the bankrupt estate. Defects contractual documents relating to voluntary auction may invalidate auction, Therefore, they each applicant auctions and auctioneer must pay particular attention.

 

Act. 527/2002 The. from. on voluntary auctions, as amended (hereinafter referred to as "Zodd") defines the scope of entities, which may be complaining auction in ust. § 7 ODS. 1 Zodd.

 

Correct identification of the complainant auction will not cause problems in cases, if the applicant acts as the owner of the lot or pledgee executing lien. If the applicant is an individual proposal should include, inter alia, his name, last name, residence, telephone or even e-mail contact, when the applicant legal entity should be referred to his business name, seat, identification number and telephone, or e-mail contact.

 

Complications in the correct designation plaintiff, however, can arise, the proposal to carry out the auction by bankruptcy trustee. Instructions for correct identification of the complainant in this case it is possible to obtain grammatical interpretation ust. § 7 ODS. 1 Zodd in conjunction with para. § 92 ODS. 1 point. b) Act. 7/2005 The. from. on bankruptcy and restructuring, as amended (hereinafter referred to as "ZKR").

 

According to § 7 ODS. 1 Zodd the complainant auction including : "Other person authorized to propose the implementation of auctions under a special Act" . Special law under the legislative footnote reference means ZKR. Based on these provisions, the applicant considers auctions directly insolvency administrator. Such a definition of the position controller is then followed up his designation in the contract to carry out the auction and the announcement of the auction and other related documents. Identity of the plaintiff accordance with the law on the basis of the above should look like this : "Complainant auction : JUDr. S.K.P. , trustee in bankruptcy Ú.P.C., s.r.o.. "In bankruptcy" with registered offices….“ .

 

Systematic interpretation Zodd and ZKR is possible to come to the conclusion, it is not possible to declare a priori void, also contracts, where the claimant is the name of the bankrupt by the bankruptcy trustee, because such a designation corresponds to the substantive provisions in Section. § 44 ODS. 1 ZKR (where the administrator is designated as a person acting in the name and on behalf of the bankrupt), determined by the administrator for direct legal representative of the bankrupt. This view also reflects the fact, the link at the end of the legislative provisions. § 7 ODS. 1 Zodd the legislation listed below the line, not under a binding part of the rule of law, but it is only a non-binding recommendation to the legislature to interpret the law of. Described by the following conclusion is questionable and debatable, Therefore, it is possible all bankruptcy trustee recommend, to be in agreement on the implementation of auctions designation accordance with the provisions. 7 ODS. 1 Zodd and thus avoid the potential invalidity of the execution of the auction, then the auction itself invalid.