Pregledni rad
Challenges of a welfare state in introducing personal bankruptcy - some comparative experiences and potential problems
Dejan Bodul
; Pravni fakultet Sveučilišta u Rijeci, Rijeka, Hrvatska
Vanja Smokvina
; Pravni fakultet Sveučilišta u Rijeci, Rijeka, Hrvatska
Sažetak
Over the last two decades we have witnessed the global and increasing phenomenon of overindebtedness of natural persons (patients, consumers) as well as various models of law on personal bankruptcy in Europe and the rest of the world. In the light of empirical research both in the USA and in Europe which is based on the causality of increased medical costs and a growing number of personal bankruptcy proceedings, the following question is raised. Could similar factors also potentially affect the rate of personal bankruptcy when it is introduced into positive Croatian law? Even though such a constatation until recently has been considered impossible due to the strong networks of social welfare in Europe primarily given the universally available health model, by introducing personal loans the limitation of social welfare networks from an economic- financial aspect is demonstrated. Deregulation of the loan market gives us the right to raise the question of; will contributions which unpredictable health costs could create cause the natural person to start personal bankruptcy proceedings? The authors in this paper motivated by the model of the Medical Bankruptcy Fairness Act from American legislation analyse in what way the patient (consumer) in Croatian positive law could be released from his/her debts caused by medical bills. Options are presented which the patient who is overburdened with debts has at his/her disposal. They are compared to American ones and to other comparative legal arrangements so that it can be seen whether this model of law could be justified in the existing arrangement of personal bankruptcy in Croatia.
Ključne riječi
Personal Bankruptcy Act; Americanisation of law; health system; potential model for the Republic of Croatia
Hrčak ID:
79133
URI
Datum izdavanja:
28.3.2012.
Posjeta: 1.791 *