Pregledni rad
https://doi.org/10.32984/gapzh.14.1.4
The Consumer Bankruptcy Act in the Service of Citizen Protection: Achievements and Challenges
Dubravka Akšamović
; Pravni fakultet Sveučilišta u Osijeku
Lidija Šimunović
; Pravni fakultet Sveučilišta u Osijeku
Sažetak
The author analyzes the legal regulation regarding consumer bankruptcy and simple consumer bankruptcy and presents statistical data on the consumer bankruptcy proceedings from the enactment of the Consumer Bankruptcy Act to the present. In the introduction, a comparative analysis of the basic regulatory models on consumer bankruptcy is provided followed by a discussion on the objective and purpose of the simple consumer bankruptcy procedure along with a critical overview of controversies and dilemmas encountered in practice. Special attention is paid to the criteria and conditions for the release of the fair consumer from remaining obligations, determining a period of conduct, the consumer's property that could be liquidated as a bankruptcy estate, with a comparative analysis of legislation and case law of comparable legal systems. The author concludes by providing an overall evaluation of the achievements of the Act from its enactment in January 2016 to the present as well as challenges that will have to be dealt with in the future by offering adequate legal regulations.
Ključne riječi
Hrčak ID:
310073
URI
Datum izdavanja:
24.11.2023.
Posjeta: 337 *