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A GUIDE TO CONSUMER INSOLVENCY PROCEEDINGS IN EUROPE

THOMAS KADNER GRAZIANO, JURIS BOJĀRS, VERONIKA SAJADOVA

Since the adoption of the EU Regulation on Insolvency Proceedings in 2000 and its recast in 2015, it has become clear that lawyers engaged in consumer insolvency proceedings are increasingly expected to have a basic understanding of foreign insolvency proceedings, as well as knowledge of the foreign country’s court and legal system, legislation and judicial practice. Written by 50 highly qualified insolvency experts from 30 European countries, A Guide to Consumer Insolvency Proceedings in Europe provides the necessary information in the largest, most up-to-date and comprehensive book on this topic.
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Chapter 6: CROATIA

Jasnica Garašić

Extract

The Croatian legislator took the decision to draft a special Consumer Bankruptcy Act (hereinafter referred to as ‘CBA’) in 2015, which entered into force on 1st January 2016. The goal of this Act was to allow an honest consumer to be discharged of all obligations remaining after his or her assets had been liquidated and after the obtained proceeds had been distributed to his or her creditors. The basic rules of this Act are presented in this chapter. Croatian consumer bankruptcy proceedings are similar to German consumer insolvency proceedings in many aspects. The Croatian legislator in 2015 also adopted a new Bankruptcy Act introducing pre-bankruptcy proceedings, in accordance with the European Commission Recommendation of 12th March 2014 on a new approach to business failure and insolvency. The rules of the new Bankruptcy Act shall accordingly be applied during the course of consumer bankruptcy proceedings unless provided otherwise by the Consumer Bankruptcy Act.

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