Original scientific paper
https://doi.org/10.30925/zpfsr.43.3.5
ADMISSIBILITY OF INTERIM MEASURES IN CROATIAN LAW AND COURT PRACTICE
Paula Poretti
; Faculty of law, J. J. Strossmayer University of Osijek, Osijek, Croatia
Lidija Šimunović
orcid.org/0000-0003-4753-5590
; Faculty of law, J. J. Strossmayer University of Osijek, Osijek, Croatia
Elizabeta Kovač
; Law firm Smolek & Škrinjar, Zagreb, Croatia
Abstract
is one of the most common security aimed at fast and efficient payment of amount
in BG in the event that the other party does not perform its contractual obligation.
If the bank issues a BG, the bank’s obligation to pay the amount from the BG is
autonomus and it is not accessory. In other words, if the requirements from BG are
met, the bank will not be able to raise objections against the beneficiary from the
main business. The possibility of abuse of the right to collect amounts from BG
raises the question to what extent one of the basic principles of BG “pay first, sue
later” should be followed. Therefore, it is not surprising that, despite the mentioned
theoretical conceptions of BG before the Croatian courts, there is a noticeable trend
of increasing proposals for the issuing of interim measures regarding BG, and this
has not been systematically discussed in the recent Croatian literature. Following
the above, the authors question the admissibility of issuing interim measure, analyze
the assumptions for issuing interim measures and give an assessment of the current
situation, correlating the purpose and basic principles of the BG with the purpose and
rules of the Enforcement Act on interim measures.
Keywords
bank guarantee; interim measure; suspension of payment; probability; claim, danger.
Hrčak ID:
287846
URI
Publication date:
20.12.2022.
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