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.
Insolvency Law
Insolvency Law
Literature
MANDATORY LITERATURE
Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings; , str
RECOMMENDED LITERATURE
M. Dika; Insolvencijsko pravo; (1998), str
Learning outcomes
Distinguish basic terms and institutes of insolvency law and different kinds of insolvency proceedings.
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CONTRIBUTES TO THE ACHIEVEMENT OF LEARNING OUTCOMES AT THE LEVEL OF THE STUDY PROGRAM
Define basic terms and institutes as well as basic doctrines and
principles of different branches of law. -
COGNITIVE AREA OF KNOWLEDGE AND UNDERSTANDING
Understanding.
-
SKILLS
Skill of managing information, learning capability, capability to apply
knowledge in the practice, understanding of facts, terms, proceedings and
principles important for a field of work, capability to speak clearly and
distinctly, respect for ethics. -
LEARNING CONTENT
Teaching units:
Introduction to Insolvency Law
Basic Principles of Insolvency Law
Bodies in Insolvency Proceedings
Commencement of Insolvency Proceedings
Basic Substantive and Procedural Legal Consequences of the
Opening of Insolvency Proceedings
Transactions Avoidance Law
Management of the Insolvency Estate
Satisfaction of Creditors in Insolvency Proceedings
Insolvency Plan
Debtor in Possession
Discharge of Debtor from Remaining Obligations
International Insolvency Law and European Regulation on Insolvency
Proceedings
Pre-Insolvency Proceedings and European Directive on Restructuring
and Insolvency
Consumer Insolvency -
TEACHING METHODS
Lectures, encouraging students to participate actively in discussion
through asking questions and conducting discussion, answering questions
and clarifying unclear parts, analysing legal solutions and case law, giving
reading assignments to students.
Distinguish and describe sources of Insolvency Law in the Republic of Croatia, in the homelands of foreign students and the European Union.
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CONTRIBUTES TO THE ACHIEVEMENT OF LEARNING OUTCOMES AT THE LEVEL OF THE STUDY PROGRAM
4. Classify and interpret legislative framework applicable in each branch
of law. -
COGNITIVE AREA OF KNOWLEDGE AND UNDERSTANDING
Understanding.
-
SKILLS
Skill of managing information, learning capability, capability to apply
knowledge in the practice, understanding of facts, terms, proceedings and
principles important for a field of work, capability to speak clearly and
distinctly, respect for ethics. -
LEARNING CONTENT
Teaching units:
Introduction to Insolvency Law
International Insolvency Law and European Regulation on Insolvency
Proceedings
Pre-Insolvency Proceedings and European Directive on Restructuring
and Insolvency
Consumer Insolvency -
TEACHING METHODS
Lectures, encouraging students to participate actively in discussion
through asking questions and conducting discussion, answering questions
and clarifying unclear parts, presenting legal sources of Insolvency Law in
the Republic Croatia, giving reading assignments to foreign students to
find legal sources of Insolvency Law in their homelands.
Distinguish substantive and procedural institutes of Insolvency Law as well as basic elements of Private International Law in the context of crossborder insolvency proceedings.
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CONTRIBUTES TO THE ACHIEVEMENT OF LEARNING OUTCOMES AT THE LEVEL OF THE STUDY PROGRAM
Explain institutes of substantive and procedural law.
-
COGNITIVE AREA OF KNOWLEDGE AND UNDERSTANDING
Understanding.
-
SKILLS
Skill of managing information, learning capability, capability to apply
knowledge in the practice, understanding of facts, terms, proceedings and
principles important for a field of work, capability to speak clearly and
distinctly, respect for ethics. -
LEARNING CONTENT
Teaching units:
Introduction to Insolvency Law
Basic Principles of Insolvency Law
Bodies in Insolvency Proceedings
Commencement of Insolvency Proceedings
Basic Substantive and Procedural Legal Consequences of the
Opening of Insolvency Proceedings
Transactions Avoidance Law
Management of the Insolvency Estate
Satisfaction of Creditors in Insolvency Proceedings
Insolvency Plan
Debtor in Possession
Discharge of Debtor from Remaining Obligations
International Insolvency Law and European Regulation on
Insolvency Proceedings
Pre-Insolvency Proceedings and European Directive on
Restructuring and Insolvency
Consumer Insolvency -
TEACHING METHODS
Lectures, encouraging students to participate actively in discussion
through asking questions and conducting discussion, answering questions
and clarifying unclear parts, analysing legal solutions and case law, giving
reading assignments to students.
Analyse legal solutions of the Insolvency Law and its basic principles as well as their application in the practice through case law.
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CONTRIBUTES TO THE ACHIEVEMENT OF LEARNING OUTCOMES AT THE LEVEL OF THE STUDY PROGRAM
12. Evaluate legal institutes and principles in their development and in
their relationship to the modern legal system.
11. Analyse relevant case law. -
COGNITIVE AREA OF KNOWLEDGE AND UNDERSTANDING
Analysis.
-
SKILLS
Skill of managing information, learning capability, capability to apply
knowledge in the practice, understanding of facts, terms, proceedings and
principles important for a field of work, analysing the application of the
legal solutions in case law, research skills, ability to recognise
shortcomings of current statutory solutions as well as mistakes in the
application of the statutory rules in the court practice, capability to
criticize and to be self-critical, capability to speak clearly and distinctly,
respect for ethics. -
LEARNING CONTENT
Teaching units:
Introduction to Insolvency Law
Basic Principles of Insolvency Law
Bodies in Insolvency Proceedings
Commencement of Insolvency Proceedings
Basic Substantive and Procedural Legal Consequences of the
Opening of Insolvency Proceedings
Transactions Avoidance Law
Management of the Insolvency Estate
Satisfaction of Creditors in Insolvency Proceedings
Insolvency Plan
Debtor in Possession
Discharge of Debtor from Remaining Obligations
International Insolvency Law and European Regulation on
Insolvency Proceedings
Pre-Insolvency Proceedings and European Directive on
Restructuring and Insolvency
Consumer Insolvency -
TEACHING METHODS
Lectures, encouraging students to participate actively in discussion
through asking questions and conducting discussion, answering questions
and clarifying unclear parts, analysing legal solutions and case law, giving
reading assignments to students.
Distinguish and evaluate prerequisites for the opening and characteristics of restructuring proceedings in relationship to prerequisites for the opening and characteristics of so-called liquidation proceedings.
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CONTRIBUTES TO THE ACHIEVEMENT OF LEARNING OUTCOMES AT THE LEVEL OF THE STUDY PROGRAM
12. Evaluate legal institutes and principles in their development and in
their relationship to the modern legal system.
13. Combine legal institutes and principles of the modern legal system. -
COGNITIVE AREA OF KNOWLEDGE AND UNDERSTANDING
Valuation.
-
SKILLS
Skill of managing information, learning capability, capability to apply
knowledge in the practice, understanding of facts, terms, proceedings and
principles important for a field of work, analysing the application of the
legal solutions in case law, research skills, ability to recognise
shortcomings of current statutory solutions as well as mistakes in the
application of the statutory rules in the court practice, capability to speak
clearly and distinctly, respect for ethics. -
LEARNING CONTENT
Teaching units:
Introduction to Insolvency Law
Basic Principles of Insolvency Law
Bodies in Insolvency Proceedings
Commencement of Insolvency Proceedings
Basic Substantive and Procedural Legal Consequences of
the Opening of Insolvency Proceedings
Transactions Avoidance Law
Management of the Insolvency Estate
Satisfaction of Creditors in Insolvency Proceedings
Insolvency Plan
Debtor in Possession
Discharge of Debtor from Remaining Obligations
Pre-Insolvency Proceedings and European Directive on
Restructuring and Insolvency -
TEACHING METHODS
Lectures, encouraging students to participate actively in discussion
through asking questions and conducting discussion, answering questions
and clarifying unclear parts, analysing legal solutions and case law, giving
reading assignments to students.
Analyse and evaluate institutes of Croatian Insolvency Law in comparison with the Insolvency Law of other States.
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CONTRIBUTES TO THE ACHIEVEMENT OF LEARNING OUTCOMES AT THE LEVEL OF THE STUDY PROGRAM
Analyse different aspects of the legal system of the Republic of
Croatia, including a comparative perspective. -
COGNITIVE AREA OF KNOWLEDGE AND UNDERSTANDING
Valuation.
-
SKILLS
Skill of managing information, learning capability, capability to apply
knowledge in the practice, understanding of facts, terms, proceedings and
principles important for a field of work, research skills, ability to recognise
shortcomings of current statutory solutions, capability to speak clearly
and distinctly, respect for ethics. -
LEARNING CONTENT
Teaching units:
Basic Principles of Insolvency Law
Bodies in Insolvency Proceedings
Commencement of Insolvency Proceedings
Basic Substantive and Procedural Legal
Consequences of the Opening of Insolvency
Proceedings
Transactions Avoidance Law
Management of the Insolvency Estate
Satisfaction of Creditors in Insolvency Proceedings
Insolvency Plan
Debtor in Possession
Discharge of Debtor from Remaining Obligations
International Insolvency Law
Pre-Insolvency Proceedings
Consumer Insolvency -
TEACHING METHODS
Lectures, encouraging students to participate actively in discussion
through asking questions and conducting discussion, answering questions
and clarifying unclear parts, analysing comparative statutory solutions,
giving reading assignments to students.
Analyse and evaluate current legal solutions in the European Regulation on Insolvency Regulation and European Directive on Restructuring and Insolvency.
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CONTRIBUTES TO THE ACHIEVEMENT OF LEARNING OUTCOMES AT THE LEVEL OF THE STUDY PROGRAM
10.Identify relevant rules of legal system of the European Union
in each legal branch.
19.Implement European rules in national legal system. -
COGNITIVE AREA OF KNOWLEDGE AND UNDERSTANDING
Valuation.
-
SKILLS
Skill of managing information, learning capability, capability to apply
knowledge in the practice, understanding of facts, terms, proceedings and
principles important for a field of work, research skills, ability to recognise
shortcomings of current legal rules as well as mistakes in the application
of the statutory rules in the court practice, capability to criticize and to be
self-critical, capability to speak clearly and distinctly, respect for ethics. -
LEARNING CONTENT
European Regulation on Insolvency Proceedings
European Directive on Restructuring and Insolvency
Consumer Insolvency -
TEACHING METHODS
Lectures, encouraging students to participate actively in discussion
through asking questions and conducting discussion, answering questions
and clarifying unclear parts, analysing current legal solutions of the
Insolvency Law of the European Union as well as case law of the Court of
the European solutions, giving reading assignments to students.
Explain the basic principles and institutes of the Insolvency Law from the point of view of ethical, legal and socially responsible behaviour of the participants of insolvency proceedings.
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CONTRIBUTES TO THE ACHIEVEMENT OF LEARNING OUTCOMES AT THE LEVEL OF THE STUDY PROGRAM
8.Develop ethical, legal and socially responsible behaviour.
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COGNITIVE AREA OF KNOWLEDGE AND UNDERSTANDING
Synthesis.
-
SKILLS
Skill of managing information, learning capability, capability to apply
knowledge in the practice, understanding of facts, terms, proceedings and
principles important for a field of work, research skills, ability to recognise
shortcomings of current legal rules as well as mistakes in the application
of the statutory rules in the court practice, capability to criticize and to be
self-critical, capability to speak clearly and distinctly, respect for ethics. -
LEARNING CONTENT
Teaching units:
Introduction to Insolvency Law
Basic Principles of Insolvency Law
Bodies in Insolvency Proceedings
Commencement of Insolvency Proceedings
Basic Substantive and Procedural Legal Consequences of the
Opening of Insolvency Proceedings
Transactions Avoidance Law
Management of the Insolvency Estate
Satisfaction of Creditors in Insolvency Proceedings
Insolvency Plan
Debtor in Possession
Discharge of Debtor from Remaining Obligations
International Insolvency Law and European Regulation on
Insolvency Proceedings
Pre-Insolvency Proceedings and European Directive on
Restructuring and Insolvency
Consumer Insolvency -
TEACHING METHODS
Lectures, encouraging students to participate actively in discussion
through asking questions and conducting discussion, answering questions
and clarifying unclear parts, parallel analyse of the basic principles and
institutes of the Insolvency Law during the entire teaching from the
perspective of ethical, legal and socially responsible behaviour of the
participants in insolvency proceedings, giving reading assignments to
students.