Review article
https://doi.org/10.3935/rsp.v24i2.1391
Short Prolegomena of a »Right to a Home« in the Consumer Bankruptcy Act
Dejan Bodul
; Pravni fakultet Sveučilišta u Rijeci
Sanja Grbić
; Pravni fakultet Sveučilišta u Rijeci
Abstract
The identity crisis of a »welfare state» model has raised a number of questions for theorists and practitioners. These problems, of course, have not surpassed the system of consumer bankruptcy protection which has the primary objective - economic and social »rehabilitation« of consumers and which is differentia specifica in relation to the primary objective of corporate bankruptcy − settlement of creditors. The scope of this paper does not permit a detailed analysis of these issues, and we are forced to limit ourselves exclusively to one of the key issues of the new consumer bankruptcy law: the right to a home. We specifically analyze the practice of the European Court of Human Rights (hereinafter: European Court) in proceedings under Art. 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms ("Right to a Home") because we assume that it is a key to understanding the paper subject, as well as to the proper application of the institute of “right to a home”. With respect to the foregoing, in order to have a comprehensive answer to the subject, the structure and concept of paper had to be adjusted. This paper could have been divided into three parts, but it has not been formally done.
Keywords
bankrupt consumers; exempt property; the right to a home
Hrčak ID:
185100
URI
Publication date:
18.7.2017.
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