Although the assets and rights that enter the bankruptcy table, which are formed spontaneously by law when the bankruptcy decision is made and bankruptcy is opened, belong to the mufli, the mufli’s saving authority over them will expire.
Any disposition of the bankrupt’s property and rights that enter the table is invalid against the bankruptcy creditors. Supreme Court 10thny disposition of the bankrupt’s property and rights that enter the table is invalid against the bankruptcy creditors. Supreme Court 10th In the decision of the Criminal Department dated 25.10.1999, it was revealed that the mufli who was tried for violation of the Czech law would not have a savings license after the bankruptcy decision, so the checks he discovered could not be considered valid, and therefore the crime would not occur.
Execution and Bankruptcy Law 191. in the first paragraph of the article, “All kinds of savings of the debtor on the goods belonging to the table after bankruptcy is opened are null and void against creditors.” this matter is regulated by the decree.xecution and Bankruptcy Law 191. in the first paragraph of the article, “All kinds of savings of the debtor on the goods belonging to the table after bankruptcy is opened are null and void against creditors.” this matter is regulated by the decree. According to this provision, in order for a transaction to be considered invalid only against the table, it is necessary and sufficient that the transaction was made by the mufli and the subject matter of the goods or rights entered on the table.
What is important to note here is that only discretionary transactions are prohibited, not all types of transactions.hat is important to note here is that only discretionary transactions are prohibited, not all types of transactions. Even if the legislator, with the idea of protecting bankruptcy creditors, puts himself under debt with a bankrupt debtor transaction, this debt will only be a debt for the performance of an act imposed on the bankrupt. Such a transaction may not be of a nature to cause a decrease in the assets of the table.
The bankrupt can sell a good that has entered the table. However, the bankrupt will not be able to fulfill his debt arising from the sales contract (the debt of delivering the good and transferring ownership), that is, he will not be able to make a disposition. This does not mean that the sales contract made by the bankrupt is invalidhe bankrupt can sell a good that has entered the table. However, the bankrupt will not be able to fulfill his debt arising from the sales contract (the debt of the good and transferring ownership), that is, he will not be able to make a disposition. This does not mean that the sales contract made by the bankrupt is invalid. There is a valid sales contract in place. However, the bankrupt will not be able to fulfill the debt arising from this transfer/delivery of the goods. When the bankruptcy is lifted, the buyer will be able to demand the delivery of the goods and the transfer of ownership to him from the debtor (the former bankrupt) based on this contract.
IF WE EVALUATE THE SALE OF A PROPERTY;
If the bankrupt person subjects a real estate registered in the table assets to a real estate sales agreement, there is no obstacle to doing so.F WE EVALUATE THE SALE OF A PROPERTY;
If the bankrupt person subjects a real estate registered in the table assets to a real estate sales agreement, there is no obstacle to doing so. Because it is the authority to make restricted savings, but there is no obstacle to the bankrupt making a debiting transaction. Because the interests of the creditors to be satisfied from the estate are affected not by the debiting transactions of the bankrupt, but by his fulfillment of the debt arising from those transactions.
A savings transaction cannot be made with a sales promise agreement, but with this a debt arises to enter into a sales contract and request registration for the transfer of ownership.A savings transaction cannot be made with a sales promise agreement, but with this a debt arises to enter into a sales contract and request registration for the transfer of ownership.
If the “person in whose favor the sales promise was made”, with whom the mufli made the sales promise contract, sues for the transfer of the real estate to him based on his right arising from the sales promise, the case will be rejected, since this case will be invalid against the bankruptcy creditors of the mufli’s savings on the table assets.
If a real estate sale agreement has been made on a date after the bankruptcy has been filed but before it has been lifted, and a lawsuit has been filed after the bankruptcy has been lifted to fulfill this, the Supreme Court 14thf a real estate sale agreement has been made on a date after the bankruptcy has been filed but before it has been lifted, and a lawsuit has been filed after the bankruptcy has been lifted to fulfill this, the Supreme Court 14th According to the decision of the Legal De