Pregledni rad
Recognizing the Ruling of a Court in Bosnia and Herzegovina on Initiating Bankruptcy Proceedings in the Republic of Croatia
Viktor Palić
Nada Petričević
Sažetak
In the area of international bankruptcies, the proposal to recognize a foreign ruling on the opening of
bankruptcy proceedings has a special place. It is doubtless that there has to be a ruling by a foreign court
or another competent authority on the opening of bankruptcy proceedings over a bankruptcy debtor. The
concrete case under consideration involves the proposal by the official receiver of a debtor in Bosnia and
Herzegovina to the Croatian bankruptcy court, which includes claims that the debtor has known property
in the Republic of Croatia. The proposer submitted some other documents, in the belief that all the requirements
have been met. Furthermore, the receiver invoked the Annex to the Dayton peace Agreement. The
competent court in Croatia first considered the formal legal requirements. The reasons for dismissal were
explained as the established omissions were not remedied during the procedure. Since this is an effective
ruling of a Croatian bankruptcy court, the argument can be used as a basis for court practice
Ključne riječi
proposal for opening of bankruptcy proceedings; ruling by a foreign court on bankruptcy proceedings; international bankruptcy, international jurisdiction of a Croatian court; bankruptcy debtor; Annex G of international contract
Hrčak ID:
63478
URI
Datum izdavanja:
10.12.2010.
Posjeta: 2.469 *