Stečajni postupak nad imovinom potrošača u hrvatskom pravu – geneza ideje, pozitivna norma, poredbena iskustva i de lege ferenda preporuke
Consumer Bankruptcy in Croatia – Genesis of Idea, Positive Norms, Comparative Experiences and de legeferenda References
Author(s): Dejan BodulSubject(s): Public Law, Law on Economics, Sociology of Law
Published by: Pravni fakultet - Univerzitet u Zenici
Keywords: consumer; bankruptcy; reform; potential effects;
Summary/Abstract: The adequate implementation of consumer bankruptcy as a bankruptcy model is one of the most current issues in legal theory and jurisprudence. Therefore, the author will provide a comment of the legal solutions offered in the Consumer Bankruptcy Act which are in accordance with legal systematization, but with the explanation of the procedure and the impact of the procedure on the position of the subjects participating in it. In this context, consideration of the Consumer Bankruptcy Act solution will focus on the bodies and the initiation of the proceedings, on its course and finally on the conclusion of the proceedings and the establishment of new legal relations. The complexity of the research subject and the set tasks dictated the choice of methods, so we used methodological approach which included a study of domestic and foreign literature, relevant legislation, as well as analysis of domestic and foreign jurisprudence. In addition to normative methods, special methods have been used - historical-legal and comparative-legal method. We consider it important to point out that the dictated length of the paper doesn’t allow for a detailed analysis of this issue, so we have to limit our observation to certain aspects of new consumer bankruptcy legislation.
Journal: Anali Pravnog fakulteta Univerziteta u Zenici
- Issue Year: 10/2017
- Issue No: 20
- Page Range: 136-166
- Page Count: 31
- Language: Croatian