Original scientific paper
https://doi.org/10.30925/zpfsr.37.2.1
STATUS OF THE BANKRUPTCY DEBTOR IN PUBLIC PROCUREMENT PROCEDURES - DE LEGE LATA SOLUTION, CONVENTION AND EUROPEAN LAW REGULATION AND PROPOSITION OF CHANGES
Dejan Bodul
; Pravni fakultet Sveučilišta u Rijeci
Sanja Grbić
; Pravni fakultet Sveučilišta u Rijeci
Darko Bodul
; Županija Primorsko-goranska
Abstract
Recently, the tendency of the necessity of the subject ́s survival through the provision of the pre-bankruptcy proceedings and bankruptcy plan became one of the most important legal-political goals of the reform of commercial judicature. So to achieve that it is very important how Bankruptcy law is related with other laws in the legal system, and it ́s relationship with the Public Procurement Act. In this paper authors are analyzing two complementary themes that are unified during the argumentation. Namely, the goal is to analyze specific aspects of the mutual incompatibility of certain principles and the provisions of the Bankruptcy Act and the Public Procurement Act. Auhors will show how the Law on Public Procurement provides both legal and factual obstacle to the appropriate implementation of pre- bankruptcy proceedings and bankruptcy plan, preventing the economic and financial recovery of the subject, which also leads to discrimination in the process of public procurement. In this sense, this paper intends to point out the paradigm of this relationship, by trying to bring the focus of this issue on the certain de lege lata solutions
Keywords
public procurement; the debtor; pre-bankruptcy proceedings; the bankruptcy plan; discrimination
Hrčak ID:
167159
URI
Publication date:
20.7.2016.
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