Review article

https://doi.org/10.32984/gapzh.14.1.4

The Consumer Bankruptcy Act in the Service of Citizen Protection: Achievements and Challenges

Dubravka Akšamović ; Faculty of Law, Josip Juraj Strossmayer University of Osijek
Lidija Šimunović ; Faculty of Law, Josip Juraj Strossmayer University of Osijek

Abstract

The author analyzes the legal regulation regarding consumer bankruptcy and simple consumer bankruptcy and presents statistical data on the consumer bankruptcy proceedings from the enactment of the Consumer Bankruptcy Act to the present. In the introduction, a comparative analysis of the basic regulatory models on consumer bankruptcy is provided followed by a discussion on the objective and purpose of the simple consumer bankruptcy procedure along with a critical overview of controversies and dilemmas encountered in practice. Special attention is paid to the criteria and conditions for the release of the fair consumer from remaining obligations, determining a period of conduct, the consumer's property that could be liquidated as a bankruptcy estate, with a comparative analysis of legislation and case law of comparable legal systems. The author concludes by providing an overall evaluation of the achievements of the Act from its enactment in January 2016 to the present as well as challenges that will have to be dealt with in the future by offering adequate legal regulations.

Keywords

consumer bankruptcy, simple consumer bankruptcy proceeding, fair consumer, bankruptcy estate, release of the consumer from the remaining obligations

Hrčak ID:

310073

URI

https://hrcak.srce.hr/310073

Publication date:

24.11.2023.

Article data in other languages: croatian

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