Zbornik Radova Pravnog Fakulteta u Nišu (Jan 2019)

Prolegomenon of the Croatian insolvency law from Croatia's accession to the European Union

  • Bodul Dejan,
  • Čuveljak Jelena,
  • Nakić Jakob

Journal volume & issue
Vol. 58, no. 84
pp. 133 – 149

Abstract

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The normative framework of Croatian insolvency legislation is solid in terms of legal systematics, legal techniques, and normative consistency. To that effect, a significant contribution may be accredited to Croatian courts which have rigorously examined and constantly elaborated on the legal solutions in their practice and proceedings. Yet, even in countries with a long-standing market tradition, the area of bankruptcy proceedings is a dynamic area where new solutions are constatly sought in order to keep pace with the ever-changing trends in international economy. Given this fact, the issue of appropriateness and the need to implement the amendments to the insolvency legislation is extremely relevant in the context of modernizing de lege lata solutions. This paper aims to analyse the last five years of implementation of European insolvency norms and the consequent revision of insolvency regulations in order to establish whether it has improved the national bankruptcy procedure, i.e. substantive bankruptcy law as well as the procedural mechanism facilitating more efficient case work.

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