Note to the decision of the Supreme Court in the case of overlapping general and insolvency unenforceability or when less is .... less
2015
Abstract
The article analyses a recent decision of the Czech Supreme Court concerning the question of possible overlapping of a general avoidance claim collection and of insolvency proceedings. In the decision the Supreme Court came to the conclusion that during insolvency proceedings it is not possible to continue suing about general avoidance claim and to open new procedure about this claim.
The authors of the article think that this conclusion is incorrect and at the same time they propose their own solution.