Problematika stečajnih postupaka nad dioničkim društvima koja obavljaju djelatnost na pomorskom dobru
Issues regarding bankruptcy procedure conducted against companies performing activities on the maritime domain

Summary/Abstract: In Croatian legislation bankruptcy procedure (BP) is not the ‘’ultima ratio’’ of an insolvent debtor of a legal person. It is allowed to give the debtor another shot (second chance) for rehabilitation within the BP, and the basic act on which it is constituted is the bankruptcy (reorganization) plan. Reorganization plan is a settlement between the debtor and the creditors on how the legal status of the bankruptcy debtor and other parties in the proceedings will be affected by the plan. Pre-bankruptcy procedure (PBP) is a novelty in the Bankruptcy Act (2015). It is conducted before and outside the BP in the imminent insolvency phase for an honest debtor’s restructuring. The plan and the restructuring measures allow the bankruptcy debtor to retain all or part of its property in order for the business operations of the bankruptcy to continue. Is it necessary to introduce special articles in the Maritime Domain and Seaports Act of 2003 as a result of the PBP and the BP? We assume not, because by opening these proceedings, concession shall not cease, and protection of the rights acquired on the maritime domain is not dissolved. In fact, by opening the PBP and the BP actual concessionaire does not lose the attribute of legal person, so it is about the same legal person, and not about his legal successor. In the case of liquidation of the debtor’s business, court settlement between state attorney public prosecutor (state) and the debtor is the best solution for resolving the rights and liabilities on the maritime domain in the earliest phase of the BP. The Republic of Croatia has solved the privatization issues of big shipyards by a special legal act through the so called compensatory measures. Nevertheless, issues regarding small shipyards and other economic companies performing activity on the maritime domain, remain open.

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