Review article
(UNENVIABLE) POSITION OF GUARANTOR IN INSOLVENCY LAW – DOUBTS, SOLUTIONS AND REVIEW OF THE CONVENTION LAW
Ante Vuković
orcid.org/0000-0002-0984-1100
; Stečajni upravitelj, Split, Hrvatska
Dejan Bodul
; Pravni fakultet Sveučilišta u Rijeci, Rijeka, Hrvatska
Abstract
Within insolvency procedures ie. the procedures when the debtor is not able to fulfi ll all of its fi nancial obligations on long basis, each of the categories of creditors (privileged or unprivileged), that it may appear in procedure, have the same interest: the protection of the right to the realization of their claims. However, in the context of this interest, each of these categories has a diff erent statutory way of his achievements and the position from which it operates. The aim of this paper is to
analyze the particular legal position of guarantor in open insolvency proceedings (Pre-Bankruptcy Settlement and Bankruptcy). The complexity of the research topic dictated the choice of method in
the study so the authors used approach which encompasses the study of not only doctrinal sources, but also the analysis of the relevant legal provisions. The paper will also address the European Court
of Human Rights (ECHR) in proceedings under Art. 1 of Protocol no. 1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms (the so-called - Violation of the right
to peaceful enjoyment of possessions) because we assume that the information on this can be useful.
Keywords
insolvency proceedings; the creditors; the guarantor; Convention law
Hrčak ID:
142290
URI
Publication date:
23.7.2015.
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