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Από τον πτωχευτικό συμβιβασμό και το σχέδιο αναδιοργάνωσης στην ρύθμιση της αφερεγγυότητας – συγκριτική επισκόπηση (Master thesis)

Κωνσταντινίδης, Απόστολος Μ.

This paper provides an overview of the mechanisms for preventing and regulating insolvency in the Greek legal system, both old and newer, existing and not, as well as a comparative overview. It begins with a historical overview of insolvency law from ancient times to the present. The objective and subjective requirements for bankruptcy are deeply analyzed, with a focus on the changes introduced by the new Bankruptcy Code (Law 4738/2020), such as disconnecting insolvency capacity from commercial status and implementing "automatic" discharge for debtors. The abolished intra-bankruptcy mechanisms, such as bankruptcy composition and reorganization plans, are briefly discussed. The paper then discusses pre-insolvency mechanisms, including the business resolution procedure and the new out-of-court debt settlement mechanism, with accompanying statistics. Finally, the author offers concluding remarks on the effectiveness of the insolvency law system in achieving its objectives.