Izvorni znanstveni članak
Legal Remedies Against the Pre-Bankruptcy Settlement
Aleksandra Maganić
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Sažetak
According to the current Croatian legal framework, the challenging of a pre-bankruptcy settlement is almost entirely impossible. The primary reason lies in the normative solution referring to the application of rules for challenging a court settlement, which are not prescribed by the law and remain highly unharmonised in the Croatian procedural doctrine and judicature. In addition, the differences in the legal nature of court and pre-bankruptcy settlements require a different approach to the manner of their impugnation, which was sadly disregarded de lege lata. To be more specific, a large number of persons participating in the conclusion of pre-bankruptcy settlements on whom it produces legal effects could be potentially interested in challenging such settlements. For this reason, it is necessary to determine the actively and passively legitimised persons in the challenge procedure. The multitude of parties requires a special procedure for the notification of the initiation of a challenge procedure, selection of the competent court and procedure for the challenge, as well as the deadlines and grounds for challenge. This primary aim of the paper is to provide a critical review of the current legislative solutions, including an outline of the historical development of similar institutes in Croatia before and after independence, as well as some comparative models (Austria and Slovenia) which might, de lege ferenda, be considered for adoption in Croatia.
Ključne riječi
court settlement; legal nature of court settlement; challenge of court settlement; pre-bankruptcy settlement; legal nature of pre-bankruptcy settlement; challenge of pre-bankruptcy settlement
Hrčak ID:
149394
URI
Datum izdavanja:
31.8.2015.
Posjeta: 4.435 *