GALVOJUMA UN ĶĪLAS AKCESORITĀTE LATVIJAS FIZISKAS PERSONAS MAKSĀTNESPĒJAS PROCESĀ.

This paper describes and analyses the accessoriness of pledge and guarantee within Latvian insolvency proceedings of natural person and exceptions thereof. Although in regard to insolvency proceedings of a legal entity, the recent Latvian case law has indicated an exception to the accessoriness principle of pledge and guarantee stating that a deviation from the said rule is permitted in the cases where it contradicts the purpose of guarantee - to improve the chances of a creditor to recover a debt, whereas opposing views as to whether the same exception is applicable to natural person's insolvency proceedings can be found in the Latvian legal literature and while a case where a creditor, in order to recover a debt, has sued a guarantor of a debtor, whose insolvency proceedings have been concluded with a release from all obligations still awaits its judgment from the Supreme Court, the paper suggests and confirms that the aforementioned exception to the accessoriness principle should be also pertinent in natural person's insolvency proceedings with regard to guarantee and pledge. [ABSTRACT FROM AUTHOR]