Abstract

In the event of the declaration of bankruptcy, as a matter of principle a bankruptcy judge is appointed for the proper bankruptcy proceedings. The functions of a bankruptcy judge may be performed by court referendaries, who fulfil the legal protection tasks in courts other than administration of justice. A court referendary who acts as a bankruptcy judge is organisationally (officially) and functionally linked with the judiciary and operates within the structure of common courts without forming “special court”.In the capacity of a bankruptcy judge a court referendary is authorized to perform all acts which are provided for by the statute for a judge appointed a bankruptcy judge, with the exception of those specified in the Bankruptcy Law. In order to show respect for the principle of procedural justice and the possibility of controlling the decisions of a court referendary a complaint may be filed to the court against such decisions. With a view to the fact that such complaint is devolutive, suspensive, adversarial and reformatory it is a means of appeal.