Original scientific paper
https://doi.org/10.3935/zpfz.70.1.04
The Capital-Orientated System of Creditor Protection of a Private Company Limited by Shares
Marko Ivkošić
; Faculty of Law, University of Split, Split, Croatia
Abstract
This paper presents and comments on the Croatian legal provisions concerning the capital-orientated system of creditor protection which are inspired by German law. The legal regulation of creditor protection is an important factor in the creation of a competitive and investor-friendly economy. After a presentation of two fundamental concepts of creditor protection, the category of legal capital is discussed, as are the principles of investing and maintaining capital. The precisely regulated system of capital equipment serves to balance interests among company members who have a direct impact on the business of limited liability companies, and on the creditors, who hope that business will be successful and able to repay debts. In conclusion, the quality and harmonization of the existing system of creditor protection under Croatian law is examined.
Keywords
legal capital; principle of investing capital; principle of maintaining capital; creditor protection; private company limited by shares
Hrčak ID:
238492
URI
Publication date:
25.5.2020.
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