Zbornik, Vol. 33 No. 1, 2012.
Izvorni znanstveni članak
Special, the So Called Particular Bankruptcy Proceedings in Croatian Law
Jasnica Garašić
; Pravni fakultet Sveučilišta u Zagrebu
Sažetak
The author in this article explores and analyses presumptions according to which a particular bankruptcy proceedings can be instituted and conducted in Croatia. Moreover, she makes a comparison with solutions contained in German law and the European Regulation on Insolvency Proceedings. The relevance of legislative solutions is assessed with respect to legislative choices implemented by Croatian, German and European legislators, especially the one governing the international jurisdiction for institution of particular bankruptcy proceedings, amount of property comprised within the particular bankruptcy proceedings, causes for insolvency to instigate particular bankruptcy proceedings, authorisation to submit a proposal to instigate particular bankruptcy proceedings, eventual additional presumptions for institution of particular bankruptcy proceedings, right to be involved in the proceedings, that is the right to settle a claim within the particular bankruptcy proceedings as well as cooperation between bodies of domestic particular bankruptcy proceedings with bodies of foreign bankruptcy proceedings against the same debtor. In her final remarks, the author summarizes the results of analysis and concludes that provisions governing the Croatian bankruptcy law with respect to particular bankruptcy proceedings are in harmony with contemporary tendencies in the international bankruptcy / insolvency law. The only legislative amendment which should be taken into consideration is the abolishment of insolvent debtor’s authorisation to demand institution of particular bankruptcy proceedings in situation when he or she may demand institution of main bankruptcy proceedings.
Ključne riječi
special bankruptcy proceedings, particular bankruptcy proceedings, presumptions for institution of particular bankruptcy proceedings, creditor’s right to be involved in particular bankruptcy proceedings; international insolvency law
Hrčak ID:
87436
URI
Datum izdavanja:
16.4.2012.
Posjeta: 3.272 *