June 4th, 2021, Mykolas Romeris University (MRU) Law doctoral student Remigijus Jokubauskas successfully defended his PhD, "Exercise of Collective Creditors' Rights in Corporate Bankruptcy Proceedings."
The doctoral dissertation was prepared at Mykolas Romeris University in 2016–2021, defended at MRU, according to the right to carry out doctoral studies provided to MRU and Vytautas Magnus University by the Order of the Minister of Education, Science and Sport of the Republic of Lithuania No. V-160 dated Feb. 22nd, 2019.
Scientific Supervisors:
Assoc. Prof. Dr. Salvija Mulevičienė (Mykolas Romeris University, Social Sciences, Law, S 001), 2019-2021;
Prof. Dr. Rimvydas Norkus (Mykolas Romeris University, Social Sciences, Law, S 001), 2016- 2019.
Chairman:
Prof. Dr. Virginijus Bitė (Mykolas Romeris University, Social Sciences, Law, S 001).
Members:
Prof. Dr. Simona Drukteinienė (Mykolas Romeris University, Social Sciences, Law, S 001);
Assoc. Prof. Dr. Lina Mikalonienė (Vilnius University, Social Sciences, Law, S 001);
Prof. Dr. Solveiga Palevičienė (Mykolas Romeris University, Social Sciences, Law, S 001);
Law Faculty University Senior Lecturer Dr. Felix Steffek (University of Cambridge, United Kingdom, Social Sciences, Law, S 001).
The doctoral dissertation can be accessed at the Martynas Mažvydas National Library of Lithuania (Gedimino Ave. 51, Vilnius), in the MRU Library (Ateities g. 20, Vilnius) and in the Vytautas Magnus University Library (K. Donelaičio St. 52, Kaunas).
In carrying out research, Jokubauskas was a Fulbright Foreign Students Programme participant and spent a year at the University of Missouri's Faculty of Law from August 2018 to June 2019
The PhD dissertation focuses on the issues of exercise of creditors’ rights in corporate bankruptcy proceedings, but the author is not aware of any research that provides a detailed, specific analysis of the issue of exercise of collective creditors’ rights in corporate bankruptcy proceedings.
The novelty and importance of research is confirmed by several aspects. Firstly, exercise of collective creditors’ rights is one of the key practical problems in corporate bankruptcy proceedings and is directly linked to their effectiveness. In this dissertation, for the first time in Lithuania, the national and foreign sources of bankruptcy law and case law related to exercise of these rights are systematically analysed. Therefore, this work could be useful for the legislator in improving the legislation governing corporate bankruptcy proceedings, interpreting it by the courts and filling in the legislative gaps in this area.
Secondly, the amendments of the legal acts regulating corporate bankruptcy proceedings and differences of case law show the relevance of this topic. The corporate bankruptcy law system, which has been in place for several decades, has been substantially changed. The aim of this study is to summarize the practical problems of the exercise of collective creditors’ rights, to systematize and analyse the relevant case law.
Thirdly, this study suggests the methods to ensure an efficient, operative system of exercise of collective creditors’ rights in bankruptcy proceedings and to encourage creditors to exercise their rights in this process more actively, reduce time and financial costs, and improve the functioning of the representative bodies of creditors.
The object of the research – exercise of collective creditors’ rights.
The goal of the research – to analyze procedural and material aspects of exercise of collective creditors’ rights and present proposals for the improvement of this area of bankruptcy law to ensure effective bankruptcy proceedings.