Original scientific paper
https://doi.org/10.30925/zpfsr.41.2.3
LUMP SUM COMPENSATION FOR RECOVERY COSTS IN COMMERCIAL TRANSACTIONS – THE STATUTORY AMOUNT AND ITS RELATIONSHIP WITH THE COMPENSATION OF DAMAGES INCURRED DUE TO LATE PAYMENT
Ivan Tot
orcid.org/0000-0002-9401-8986
; University of Zagreb, Faculty of Economics and Bussines, Zagreb, Croatia
Abstract
The Financial Operations and Pre-Bankruptcy Settlement Act of 2012 (ZFPPN) has introduced into Croatian law “a special compensation for the creditor's recovery costs incurred due to debtor's late payment in commercial transactions”, as a new legal consequence of late payment. The statutory amount of this lump sum compensation for recovery costs is prescribed in the Art. 13 (1) of the ZFPPN, which provides that the
creditor of a monetary obligation is entitled to a lump sum compensation in Croatian kunas in the amount equivalent of 40 €. The paper discusses the permissibility of a contract term setting out an amount of compensation different than the one prescribed by the Art. 13 (1) of the ZFPPN, and the relationship between the creditor's claim for payment of the lump sum compensation and his claim for compensation of damages incurred due to the debtor's late payment.
Keywords
late payment; commercial transactions; lump sum compensation for recovery costs; Directive 2011/7/EU
Hrčak ID:
244113
URI
Publication date:
24.9.2020.
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