prikaz prve stranice dokumenta WILL THE IMPLEMENTATION OF THE DIRECTIVE ON RESTRUCTURING AND INSOLVENCY HELP THE RECOVERY OF THE CROATIAN MARKETS AND STRENGTH THE ABILITY OF THE DEBTORS TO RESPOND TO NEW CHALLENGES?
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Scientific paper - Review paper
WILL THE IMPLEMENTATION OF THE DIRECTIVE ON RESTRUCTURING AND INSOLVENCY HELP THE RECOVERY OF THE CROATIAN MARKETS AND STRENGTH THE ABILITY OF THE DEBTORS TO RESPOND TO NEW CHALLENGES?
In: The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects / EU and Comparative Law Issues and Challenges Series (ECLIC). Osijek: Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2022. pp. 14-38. https://doi.org/10.25234/eclic/22409
Bodul, Dejan

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Bodul, D. (2022). WILL THE IMPLEMENTATION OF THE DIRECTIVE ON RESTRUCTURING AND INSOLVENCY HELP THE RECOVERY OF THE CROATIAN MARKETS AND STRENGTH THE ABILITY OF THE DEBTORS TO RESPOND TO NEW CHALLENGES?. The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects / EU and Comparative Law Issues and Challenges Series (ECLIC) (pp. 14-38). Osijek: Faculty of Law, Josip Juraj Strossmayer University of Osijek. doi: 10.25234/eclic/22409

Bodul, Dejan. "WILL THE IMPLEMENTATION OF THE DIRECTIVE ON RESTRUCTURING AND INSOLVENCY HELP THE RECOVERY OF THE CROATIAN MARKETS AND STRENGTH THE ABILITY OF THE DEBTORS TO RESPOND TO NEW CHALLENGES?." The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects / EU and Comparative Law Issues and Challenges Series (ECLIC), Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2022, pp. 14-38. https://urn.nsk.hr/urn:nbn:hr:118:832400

Bodul, Dejan. "WILL THE IMPLEMENTATION OF THE DIRECTIVE ON RESTRUCTURING AND INSOLVENCY HELP THE RECOVERY OF THE CROATIAN MARKETS AND STRENGTH THE ABILITY OF THE DEBTORS TO RESPOND TO NEW CHALLENGES?." In The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects / EU and Comparative Law Issues and Challenges Series (ECLIC), 14-38. Osijek: Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2022. Accessed 2024 December 17. https://urn.nsk.hr/urn:nbn:hr:118:832400

Bodul, D. (2022) 'WILL THE IMPLEMENTATION OF THE DIRECTIVE ON RESTRUCTURING AND INSOLVENCY HELP THE RECOVERY OF THE CROATIAN MARKETS AND STRENGTH THE ABILITY OF THE DEBTORS TO RESPOND TO NEW CHALLENGES?', The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects / EU and Comparative Law Issues and Challenges Series (ECLIC), Faculty of Law, Josip Juraj Strossmayer University of Osijek, Osijek, pp. 14-38. Available at: https://urn.nsk.hr/urn:nbn:hr:118:832400 (Accessed 17 December 2024)

Bodul D. WILL THE IMPLEMENTATION OF THE DIRECTIVE ON RESTRUCTURING AND INSOLVENCY HELP THE RECOVERY OF THE CROATIAN MARKETS AND STRENGTH THE ABILITY OF THE DEBTORS TO RESPOND TO NEW CHALLENGES?. The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects / EU and Comparative Law Issues and Challenges Series (ECLIC). Osijek: Faculty of Law, Josip Juraj Strossmayer University of Osijek; 2022. Pp. 14-38. [cited 2024 December 17] Available at: https://urn.nsk.hr/urn:nbn:hr:118:832400

D. Bodul, "WILL THE IMPLEMENTATION OF THE DIRECTIVE ON RESTRUCTURING AND INSOLVENCY HELP THE RECOVERY OF THE CROATIAN MARKETS AND STRENGTH THE ABILITY OF THE DEBTORS TO RESPOND TO NEW CHALLENGES?", The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects / EU and Comparative Law Issues and Challenges Series (ECLIC) Osijek: Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2022. [Online] Available at: https://urn.nsk.hr/urn:nbn:hr:118:832400 [Accessed: 17 December 2024]

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Title (english)WILL THE IMPLEMENTATION OF THE DIRECTIVE ON RESTRUCTURING AND INSOLVENCY HELP THE RECOVERY OF THE CROATIAN MARKETS AND STRENGTH THE ABILITY OF THE DEBTORS TO RESPOND TO NEW CHALLENGES?
AuthorDejan Bodul
Author's institutionUniversity of Rijeka
FACULTY OF LAW
Scientific / art field,
discipline and subdiscipline		SOCIAL SCIENCES
Law
Abstract (english)
It must be pointed out that the issue of bankruptcy proceedings in countries with a long market tradition is a dynamic area where new solutions are sought that will follow the trend of change in the international economy. The European Union, which in 2019 adopted the Restructuring and Insolvency Directive, is also making an exceptional contribution to this issue. With the adoption of the Directive, the European Union has joined the general trend of deviation from traditional, formal bankruptcy proceedings by opening a wide area to private regulation, with all the associated opportunities and risks. From the current point of view of Croatian law, the Directive does not provide “revolutionary” solutions, especially in terms of preventive restructuring, given that Croatian rules on pre-bankruptcy proceedings are essentially in line with the solutions contained in the Directive. Therefore, the subject of the analysis are valid norms as well as those from the Final Proposal of the Bankruptcy Law from 2022 (February 2022) related to collective legal protection in (pre) bankruptcy proceedings, having in mind the possible consequences of incomplete and inadequate regulation on the rights and interests of participants. The analysis starts from the fact that the issue of legal protection is regulated by each state independently and that such autonomy of member states is limited by EU rules. Therefore, in addition to the legal analysis of legal protection, as it is according to the existing (valid) legal framework (de lege lata), this paper also includes the question of what such protection should be in view of the requirements of European law (de lege ferenda). A limiting factor in the context of this analysis is the lack of well-established judicial practice, given that the implemen-tation of new legislation is in process of public debate. Therefore, the analysis is not based on practical problems, but on detecting possible problems that could cause difficulties in practical implementation of (pre)bankruptcy proceedings.
Keywords (english)
Languageenglish
Publication typeScientific paper - Review paper
Publication statusPublished
Peer reviewPeer review
Publication versionPublished version
Publication titleThe recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects / EU and Comparative Law Issues and Challenges Series (ECLIC)
Numberingvol. 6, pp. 14-38
p-ISSN2459-9425
DOIhttps://doi.org/10.25234/eclic/22409
URN:NBNurn:nbn:hr:118:832400
Publication2022
ConferenceTitle: International Scientific Conference “The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects“
Location: Osijek, Croatia
Start date: 2022-06-09
End date: 2022-06-10
Assembly type: Lecture
Document URLhttps://hrcak.srce.hr/ojs/index.php/eclic/article/view/22409
Type of resourceText
PublisherFaculty of Law, Josip Juraj Strossmayer University of Osijek
Publishing placeOsijek
Access conditionsOpen access
Terms of useLicence In copyright icon
Created on2024-11-26 13:55:08