Osnovne karakteristike regulisanja stečaja osiguravajućih društava u Hrvatskoj, Crnoj Gori i Republici Srpskoj
General Characteristics of Regulation of the Bankruptcy of Insurance Companies in Croatia, Montenegro and Republic of Srpska

(With Reference to Eu Law and Legislation of Serbia)

Author(s): Vladimir Čolović
Subject(s): Law on Economics
Published by: Institut za uporedno pravo
Keywords: bankruptcy; insurance company; insurance; bankruptcy liquidator; creditors; paying row
Summary/Abstract: In this paper author analyzes the legislations of the Republic of Croatia, the Republic of Montenegro and the Republic of Srpska in the topic of the bankruptcy of the insurance companies. In the Republic of Croatia, this topic is regulated by the Act of insurance. But, the Bankruptcy Act of Croatia regulates basic rules in this proceeding. In the Montenegro exists, also, separate Act in this topic. But, that Act regulates, only, the bankruptcy and liquidation of the insurance companies. And, in the Republic of Srpska some elements of this topic, we can find in the Act of the companies of the insurance. Also, like in Croatia, the Act of the bankruptcy proceeding of the Republic of Srpska regulates other, basic, rules in this proceeding. In the Republic of Serbia, this topic is regulated by the separate Act. This Act is the Act of the bankruptcy and the liquidation of banks and insurance companies. The bankruptcy proceeding of the insurance companies is very complex and this topic must be regulated by separately Act. Also, the legislator must take into a consideration about the specifics of the activity of the insurance, the status of the insurance companies and the different types of the insurance. Besides that, very important is the making difference of the subjects who doing the activities of the insurance from the subjects who doing some activities which are connecting with the insurance. These activities are the representation, the agency, the services in the insurance, etc.

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