Abstract

In the Restructuring Law a claim is not only a material law term, but also is of an ordering and technical nature – it states the amount owed to a creditor in the register of claims. The amounts owed by a debtor are divided into those that are subject to restructuring and arrangement proposals, and those which – remaining outside an arrangement – are subject to general rules. A claim may be entered into the register providing it had arisen before the opening of the restructuring process.

It may be proposed that the claim in the Restructuring Law be understood as the entitlement of the creditor to request the debtor to provide a specific performance under the arrangement, with a proviso that there may be more than one such entitlement under a single obligational relationship. A separate and specific question is the issue of claims under mutual agreements. Such claims are those which had not been realized before the opening of the restructuring process despite the implementation of an equivalent performance. An additional condition for entering a claim in the register is that the performance of the “other party” (i.e. the creditor) should be divisible.

In this context it is doubtful whether claims under mutual result-type agreements which had not been realised before the opening of the restructuring process are in fact claims subject to the arrangement. This dispute remains unresolved.