Stručni rad
https://doi.org/10.31141/zrpfs.2018.55.130.791
Analysis of the judgement of the Constitutional court of the Republic of Croatia: U-I-4175/2013-pp from 27. VIII. 2013.
Mladen Pavlović
Sažetak
The pre-bankruptcy settlement regulated by the Financial Business and Pre-bankruptcy Settlement Act (NN 108/12,144/12,81/13, 112/13) reminds one of the recent out of bankruptcy coercive court settlement. The intention of this Act was to prescribe legal norms which would enable speedy and efficient restoration of insolvent, illiquid and over indebted economic subjects. In this Act there are no indications that such a settlement would be of a coercive nature, but during its application in practice, it was evident that certain provisions lead to such a possibility. Therefore, submitting a request for an assessment of the constitutionality of its provisions to the Constitutional Court of the Republic of Croatia ensued. These provisions placed certain participants of the prebankruptcy settlement in a more favorable position and in that way enabled misuse which was pointed out in the submitted request. The Constitutional Court of the Republic of Croatia in relation to the submitted request handed down judgement number: U-I-4175/2013-PP of August 27 2013. This, in its preliminary proceeding, considering partially submitted complaints of debtors in bankruptcy settlement, reformulated the submitted request into a suggestion for assessment of approval of the given Act. That is, the Constitutional Court of Croatia certain of the Acts’ provisions with the Constitution of the Republic of Croatia, vacated the judgement which provided for delaying the procedure and ordered for the procedure to promptly continue. As the Constitutional Court of Croatia stated that the reached Judgement was of a precedential nature, the author analyzed the position taken by the Constitutional Court of Croatia which was on the basis of reached decisions and realized that given the importance of this problem area a different Judgement could and should be reached and considered that it should not in the future have a precedential nature.
Ključne riječi
Constitutional Law; request; suggestion; delaying proceedings; preceding complaints; preliminary proceeding; qualified initiator
Hrčak ID:
209782
URI
Datum izdavanja:
27.11.2018.
Posjeta: 1.321 *