Study:	Commercial Law - 10. semester
Code:	61302
ECTS:	4.0
Course coordinators:	prof. dr. sc. Jasnica Garašić prof. dr. sc. Aleksandra Maganić
Lecturers:	doc. dr. sc. Marko Bratković - Lectures
Exam dates:	03. 04. 2023. 29. 05. 2023. 26. 06. 2023. 10. 07. 2023. 28. 08. 2023. 11. 09. 2023. Exam registration: Studomat

Literature:

M. Dika; Insolvencijsko pravo; Pravni fakultet (1998), str

Optional literature:

J. Garašić; Mogućnosti i ograničenja inherentna stečajnom planu, u knjizi: Treća novela Stečajnog zakona, ur. M. Dika; Narodne novine (2003), str. 281-313 J. Garašić; Izmjene i dopune Stečajnog zakona iz 2012. motivirane institutom predstečajne nagodbe, u knjizi: Hrvatsko insolvencijsko pravo, ur. J. Barbić; Hrvatska akademija znanosti i umjetnosti (2014), str. 21-50 M. Dika; O ustavnosti pravnog uređenja instituta predstečajne nagodbe, u knjizi: Hrvatsko insolvencijsko pravo, ur. J. Barbić; Hrvatska akademija znanosti i umjetnosti (2014), str. 51-68

Description:

The subject comprises the subject-matter of bankruptcy law and the insolvency proceedings related to it: introduction to insolvency law, reasons to initiate insolvency proceedings, insolvent debtors, creditors of insolvent debtors, insolvency proceeding bodies, previous procedure and the opening of insolvency proceeding, procedure after the initiation of insolvency proceeding, conclusion and termination, insolvency plan, personal management, release from remaining obligations, bank insolvency proceedings, insolvency proceeding with an international character - international insolvency law.

Cognitive Skills:

After successfully completing the course, students will be able to:

 

Knowledge

- define basic principles of insolvency law, stages of bankruptcy procedure and basic institutes of bankruptcy i.e. insolvency law

- name standard bodies of bankruptcy i.e. insolvency procedure (court, bankruptcy commissioner, board of creditors, council of creditors)

- indicate legal consequences of initiating bankruptcy or other insolvency procedure, and manners of settling the creditor in these procedures

- list various manners of resolving insolvency of legal subjects and differentiate among special proceedings in which personal management or certain release from remaining obligations of the debtor was determined

- recognise insolvency proceedings with an international element

- recall basic differences in legislative solutions in Croatian, German and American insolvency law

 

Understanding

- explain aims and the purpose of bankruptcy i.e. insolvency law

- identify reasons for bankruptcy: insolvency, overdebtness, threatening inability for payment of obligations

- describe the course of regular insolvency proceeding and the procedure in which the insolvency plan is made, issued and confirmed

- discuss individual institutes of bankruptcy i.e. insolvency law

- group legal consequences of initiating bankruptcy i.e. insolvency proceedings with regard to their material or procedural character

- report about the most important issues in bankruptcy proceeding and pre-benkruptcy settlement that have to be resolved differently, as well as the need for the introduction of so-called "personal bankruptcy"

 

Application

- illustrate basic characteristics of bankruptcy proceedings and insolvency proceedings

- apply the norms of bankruptcy i.e. insolvency law

- use basic knowledge acquired in this course in the future bankruptcy or insolvency proceedings in the role of a possible judge, attorney, bankruptcy commissioner, creditor and debtor in domestic and international insolvency proceedings

 

Analysis

- distinguish among various types of insolvency proceedings and their characteristics

- connect with knowledge from other legal areas - substantive and procedural - with legal effects brought by the initiation of an insolvency proceeding

- examine prerequisites for the recognition of foreign bankruptcy and insolvency proceedings according to autonomous solutions in Croatian legislation and the European regulation on insolvency proceedings

- analyse the norms of bankruptcy i.e. insolvency law and justifiability of individual legal regulations from the theoretical and practical standpoint

 

Synthesis

- propose an appropriate insolvency law plan for resolving insolvency in a concrete practical case

- draw a proposal for the initiation of a bankruptcy proceeding, claims in bankruptcy proceeding and a basic draft of bankruptcy plan

- formulate the most important shortcomings in Croatian bankruptcy i.e. insolvency law

 

Evaluation

- assess economic, social and legal acceptability of the valid norms of Croatian bankruptcy i.e. insolvency law

- estimate in which manner should bankruptcy proceeding be regulated for consumers, i.e. personal bankruptcy

- recommend amendments of bankruptcy i.e. insolvency law in line with the needs of Croatian economy and society, while respecting modern trends in this legal area on the ineternational level

Practical and Generic Skills:

After successfully mastering the course, students will be able to:

- understand and apply norms of insolvency law

- discuss and argzment orally and in writing their opinions and consider arguments of people who hold different positions with regard to insolvency law issues

- find pro and con arguments for individual legal solutions

- critically evaluate valid insolvency law solutions, their theoretical justification and their application in couret practice

- take responsibility for participation in bankruptcy procedings and other insolvency procedures

- evaluate the achieved level of ethics in legal solutions and customary respect of ethics in the implementation of bankruptcy and other insolvency procedures in practice

Matching Assessments to Learning Outcomes:

Knowledge is tested by an oral examination, as a rule by an interview about four general topics. The first topic is usually concerned with the organisation of bankruptcy i.e. insolvency procedure and its principles. The second is concerned with the course of procedure and the application of individual bankruptcy institutes.The third topic usually comprises questions about the preparation of bankruptcy plan or a question about the application of some other special procedure, such as personal management or release from the remaining obligations of the debtor. The fourth topic is obligatory concerned with international bankruptcy due to intense globalisation and internationalisation of modern economy. The student is expected to demonstrate knowledge and understanding of the institutes of bankruptcy i.e. insolvency law, and the ability to consider and independently assess the existing solutions with possible suggestions about needed legal changes and amendments. In classes and during the examination the student is expected to think and expresses himself/herself about ethical aspects of legal solutions in bankruptcy i.e. insolvency law, and the application of ethical principles during the conduct of insolvency procedures or participation in them.

Consultations schedule:

• prof. dr. sc. Aleksandra Maganić:

  Wednesdays, 8 a. m.

  Location: Trg Republike Hrvatske 3, room 20