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Self-assessment system : detrimental effects on entrepreneurial and innovative activity
Mitja Kovač, Patricia Kotnik, 2015, original scientific article

Abstract: Efficient regulatory mechanisms that induce innovation, co-operation and deter competition law infringements have recently been the subject of growing attention. Competition is essential to the innovation process which in general terms enables entrepreneurship. But so too is co-operation between firms which requires an exchange of information and may lead to inefficient collusive behaviour. The optimal trade-off between the provision of stable entrepreneurial incentives and the new European competition law’s reform with the self-assessment system has been largely missing from the current scholarly debate. This paper identifies the unintended, harmful horizontal side effects of this new European self-assessment system upon the entrepreneurial activity, offers a legal evaluation of the optimal entrepreneurial incentive mechanisms and provides legal and entrepreneurial arguments for an improved regulatory response.
Keywords: Slovenia, pravo, insolvency, legislation, competition policy, information exchange, entrepreneurship, innovation, self-assessment system
Published in DKUM: 02.08.2018; Views: 963; Downloads: 103
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Foreign insolvent debtor : some essential questions a creditor is facing in international collective insolvency proceedings
Jorg Sladič, 2012, original scientific article

Abstract: Creditors in international trade are often faced with issues of an insolvent foreign debtor who often has property and assets in several states. In such a case creditors are faced with difficulties of international collective insolvency proceedings. The introductory parts of the article examines the standard questions like the question of a single, universal property of an individual or legal person and on the other hand the principles of territoriality and universality in public international law as far as the effects of foreign collective insolvency proceedings are concerned. The article then deals with issues of the centre of main interests as the point of contact and issues opened with the application of the lex concursus.
Keywords: private international law, insolvency law, principle of territoriality, principle of universality, principle of single universal assets and property, recognition of decisions of foreign courts rendered in collective insolvency proceedings, recognition of effects of a foreign collective insolvency proceedings, centre of main interests
Published in DKUM: 01.08.2018; Views: 1079; Downloads: 56
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Factors of a successfully implemented compulsory settlement
Marjeta Zorin Bukovšek, Borut Bratina, Polona Tominc, 2017, original scientific article

Abstract: In Slovenia, many companies try to avoid bankruptcy with the introduction of a compulsory settlement procedure, but only a handful of companies successfully complete the compulsory settlement in the sense of a final repayment of creditors in accordance with the adopted financial restructuring plan. The article identified the factors affecting the confirmation of a compulsory settlement as well as the factors affecting the final repayment of creditors and, thus, permanently eliminated the causes of insolvency. The factors were divided into internal and external, whereby the impact of factors on a successfully completed compulsory settlement was verified using quantitative and qualitative research methods.
Keywords: compulsory settlement, insolvency, financial restructuring plan, business restructuring, ownership restructuring
Published in DKUM: 09.08.2017; Views: 1816; Downloads: 382
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