Stručni rad
Relation Between Bankruptcy Proceedings and Media in Croatian Law Concerning the European Convention for the Protection of Human Rights
Ante Vuković
Sanja Grbić
; Pravni fakultet Sveučilišta u Rijeci
Dejan Bodul
; Pravni fakultet Sveučilišta u Rijeci
Sažetak
Both theory and practice show that suggestions for starting a bankruptcy proceedings, especially the ones for big business entities with a lot of employees, attract media. Unfortunately, majority of media and general public do not understand the complexity of bankruptcy proceedings and its implications on social-economic relations.The problem arises not only from diversity of goals that emerge in opening of bankruptcy proceeding but also from the fact that effective bankruptcy proceedings should execute many goals that are rarely compatible. General public will probably consider the starting of bankruptcy proceedings and bankruptcy estate managers in companies as an immediate cause for closing down of the businesses, dismissal, often perceiving it as an imposture and so on but without realizing that a real problem is insolvency and without understanding that the solution to the problem are the bankruptcy proceeding, bankruptcy settlement and financial restructuring. Furtheron, the paper aims at analysis of the relation between bankruptcy proceedings (body) and media. The initial thesis and a general rule regarding the bankruptcy-media relation, is actually a general rule and can be summarized into the following thesis – media have right to investigate the points of view of all events, appearances, persons, cases and activities concerning bankruptcy but they also have duty to check for authentic facts they are writing about and also respect privacy, dignity, reputation and dignity of a bankruptcy procedure body; the publisher should care that the published information should not do harm to anyone since pursuant to provisions of the Media Law (Official Gazette, No. 59/04 and 84/11) he shall be responsible for the damage caused (Supreme Court of the Republic of Croatia, Rev-1261/97 of 29 August 2001).
Ključne riječi
Bankruptcy procedeedings; case study; the European Convention for the Protection of Human Rights
Hrčak ID:
111330
URI
Datum izdavanja:
30.8.2013.
Posjeta: 1.677 *