MORATORIUM MEASURE IN PROCEEDING OF THE REHABILITATION REGIME

Abstract

The debtor, who is willing to implement the rehabilitation regime, needs proper support in order to maintain and protect insolvency, increase the liquidity of the entity, etc. The moratorium measure ensures all of the aforementioned in insolvency law, in particular in the rehabilitation regime. The use of the moratorium measure in the rehabilitation regime should not be understood solely in favour of the debtor. It is a means of protecting the interests of creditors along with the interests of the debtor. The law distinguishes between mandatory and additional moratorium measures. As soon as the court issues a ruling on opening the rehabilitation regime, certain measures of the moratorium are automatically put into effect, and in certain cases, based on the court’s decision, it is possible to apply additional measures of the moratorium. Consequently, the moratorium measure requires the court’s involvement and caution. When applying the moratorium, the court must act in accordance with the principles of justice and proportionality. The use of the moratorium measure in the rehabilitation regime can be considered an important means of implementation of one of the important principles of the law, “ – Maintaining and increasing the insolvency and business value as much as possible”.