Izvorni znanstveni članak
https://doi.org/10.31141/zrpfs.2018.55.130.755
(Non-functional) institutional framework and problems of exercising the right to a fair trial
Sanja Grbić
; Pravni fakultet Sveučilišta u Rijeci, Rijeka, Hrvatska
Dejan Bodul
; Pravni fakultet Sveučilišta u Rijeci, Rijeka, Hrvatska
Sažetak
Pre-bankruptcy proceedings are by their nature and legal regulations, procedures in exstremis in order to preserve the value of property and to protect the interests of various creditors. However, the time required for the initiation of the pre-bankruptcy proceeding is longer than the deadline prescribed by the law. Therefore, despite a well-established normative framework, problems that prevent a more effective pre-bankruptcy proceeding are not related to the text of the law and the accompanying regulations, but those are in application and/or outside the pre-bankruptcy legal framework itself. The authors argue - that the reform of the pre-bankruptcy agreement resulted in the pre-bankruptcy proceedings was not multifaceted - the fact remains that the legislator did not foresee the effects and consequences of the legislative changes and therefore did not even prepare a (judicial) system to welcome them readily. The complexity of the subject matter of the research and the set tasks required the choice of methods, so in the research the normative legal methodological approach was primarily used. The paper also analyzes the practice of the European Court of Human Rights in the proceedings under Article 6, since the authors are based on the assumption that knowledge of this can be crucial for understanding the main issues of this paper.
Ključne riječi
constitutional and conventional principles; pre-bankruptcy proceeding; initiation deadline
Hrčak ID:
209773
URI
Datum izdavanja:
27.11.2018.
Posjeta: 1.486 *