Review article
Advantages and disadvantages of German consumer bankruptcy model: Guidelines for Croatian lawmaker
Dejan Bodul
; University of Rijeka, Faculty of Law, Rijeka, Croatia
Ivana Tomas Žiković
orcid.org/0000-0002-9156-3479
; University of Rijeka, Faculty of Law, Rijeka, Croatia
Abstract
Legal transplant, as a legal phenomenon, has always been present in legal history, and was especially
brought to the fore in terms of creating major economic integrations, such as the European Union (EU).
Membership of the Republic of Croatia in the EU has its strong legal basis because it belongs to the continental
law school initially based on the reception of Roman law, and later German law. The Croatian
academic community believes that the harmonization of bankruptcy and legal regulations with the EU
laws is not a goal in itself, but has a strong economic rationale. In this context, a number of ambiguities in
the current bankruptcy legislation are indicated, one of them being the absence of lex specialis regulations
for consumer bankruptcy. As the legislator showed an initiative for the reception of a model of consumer
bankruptcy (the Foundation for the Introduction of Personal Bankruptcy, Ministry of Justice, Zagreb, 2012,
pp. 1-6, and Draft Proposal of the Statement of the Regulatory Impact Assessment for the Preparation of the
Draft of the Consumer Bankruptcy Law Proposal, Ministry of Justice, Zagreb, 2012, pp. 1-5 and finally Draft
of the Consumer Bankruptcy Law Proposal, Ministry of Justice, Zagreb, June 2014) modeled on German
legal solutions, the authors analyze the justification of such regulation in this paper.
Keywords
consumer bankruptcy; German role model; justification of implementation
Hrčak ID:
132844
URI
Publication date:
24.12.2014.
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