CORPORATE INSOLVENCY PROCEEDINGS: VIABILITY AND ITS ASSESSMENT

• Main Author: Remigijus Jokubauskas
• Format: Article
• Language: English
• Published: Mykolas Romeris University 2020-12-01
• Series: Jurisprudencija
• Subjects: restructuring; viability of legal entitites; insolvency proceedings
• Online Access: https://www3.mruni.eu/ojs/jurisprudence/article/view/6373

This article analyzes the concept of viability and its interpretation in insolvency law in relation to the restructuring of enterprises where creditors provide financial support in order to avoid bankruptcy. The significance of viability in insolvency law is assessed, as this concept is regulated by international legal acts regulating insolvency proceedings, i.e. European Union law. The complex nature of viability and the assessment of the economic situation of the company are analyzed. The author also examines the precise meaning of viability when applying the Law on Insolvency of Enterprises of the Republic of Lithuania, and the objectives and economic justification for the establishment of this concept. The author asserts that viability is an economic category, the assessment of which requires not only legal, but also special economic, financial, and market knowledge. Recent case law on the interpretation and application of the viability condition in the restructuring process is analyzed. Moreover, the author suggests which circumstances may prove the non-viability of the enterprise and when bankruptcy proceedings should be commenced.