Yordanka Noneva-Zlatkova – Faculty of Law and History, South-West University ‘Neofit Rilski’, Blagoevgrad, Bulgaria

DOI: https://doi.org/10.31410/EMAN.2020.179


4th International Scientific Conference – EMAN 2020 – Economics and Management: How to Cope With Disrupted Times, Online/Virtual, September 3, 2020, CONFERENCE PROCEEDINGS published by: Association of Economists and Managers of the Balkans, Belgrade, Serbia; ISBN 978-86-80194-30-1, ISSN 2683-4510

Abstract:

In the post-global economic and financial crisis, Europe is suffering from significantly low
levels of investment. This applies both to national level in the individual Member States and to those
with a supranational scope. For this reason, the EC tried to stimulate the development of any investment
initiative through the Juncker Plan, which is based on three pillars: the European Fund for Strategic Investments,
the European Investment Advisory Center and the European Investment Projects Portal, and
third, improving the business environment by removing regulatory barriers to investment at national and
European level. Policies in this direction will continue and build on over the period 2021-2027 through the
InvestEU program, which aims to continue to support increased investment, innovation and job creation
in Europe. The process of implementation of each such initiative directly affects the individual legal and
natural persons as investors who enter different bond relations, which have both national and international
dimension. The development of new investment products and instruments would be unthinkable
without the Bank’s involvement as a major creditor in the implementation of investment projects. This fact
shows that it is necessary to examine the legal guarantees for the protection of creditors in these relationships
in case of possible threat the debtor to damage the creditor in case of unfavourable development of
the respective investment initiative. This paper will justify the significance and the peculiarities of Paul’s
claim as a means of protecting creditors in the context of a developing EU investment environment and its
legal framework. This method of preventing the decline of the asset and / or the increase of the liability
of the debtor’s property is characterized by extreme persistence over time as a legal institution that originated
in the Roman era and has survived to the present without losing its significance.

Keywords:

Creditors’ rights, Actio Pauliana, Investment, InvestEU, Junker Plan, Collateral, Fraudulent
misconduct, Insolvency, Trade law, Civil law.

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