Pregledni rad
Prospectus Liability
Branko Skerlev
; Odvjetnik iz Zagreba, Hrvatska
Sažetak
The present work is placing the provisions of the Law on the capital markets in the context of the general legislation concerning private law liability, more particularly, a detailed account of the elements of prospectus liability is given according to Croatian law, along with a presentation of comparative solutions, with a proposition as regards possible improvements. Moreover, the influence of the Directive 2003/71/EC is being discussed as regards the Croatian solutions. Finally, legal interpretations from European and American law are being discussed as regards the possibility of their use in Croatian law in the context of the existing legislation. Considerations in this work are limited to the civil prospectus liability that can be claimed by the investor that suffered damage, in cases where the approval of the prospectus by a regulatory body was requested and granted. It is to be concluded that the provisions of the Croatian Law on capital markets concerning civil prospectus liability were not well drawn in the time of their enacting. Such a conclusion is not unexpected taking into consideration the manner and speed they were implemented in the Croatian legal order. De lege ferenda, the Croatian regulatory framework concerning capital markets and prospectus liability needs to be significantly amended.
Ključne riječi
prospectus; prospectus content; prospectus liability; comparative regulation
Hrčak ID:
138072
URI
Datum izdavanja:
26.2.2015.
Posjeta: 2.084 *