POLOŽAJ RAZLUČNIH VJEROVNIKA U POSTUPKU STEČAJA POTROŠAČA

Abstract

Croatia has a long legal tradition of bankruptcy proceedings over the assets of natural persons. Hence, from a historical perspective, such institute is not terra incognita in Croatian legislation. Nevertheless, only at 1 January 2016, in the legal order of the Republic of Croatia, along with the "classic" bankruptcy proceedings (pre-litigation procedure, liquidation bankruptcy proceedings, bankruptcy, personal bankruptcy, international bankruptcy, bankruptcy proceedings of the debtor's debtor, automatic bankruptcy, shortened bankruptcy proceedings a bankruptcy procedure of small value) the legislator implemented consumer bankruptcy proceedings. Rules on consumer bankruptcy proceedings are governed by the provisions of the Consumer Bankruptcy Act, whose general provisions point out on the lex generali provisions of the Bankruptcy Act and therefore the rules on secured creditors (separatistae ex jure crediti). The aim of the paper is to present and analyse the position of secured creditors, as privileged creditors, in the process of consumer bankruptcy. The complexity of the subject and the set tasks required a choice of methods, so authors used methodological approach, which included a historical methodological approach, a study of domestic and foreign literature, appropriate legal regulations, and analysis of jurisprudence. The paper will also analyse the practice of the European Court of Human Rights in the proceedings in accordance with Art. 8. Of the European Convention for the Protection of Human Rights and Fundamental Freedoms (Right to respect for private and family life), as we believe that this can be important for understanding the issues of work. For comparison and possible de lege ferenda suggestions for the Serbian legislator, the analysis of Croatian solutions regarding the position of the secured creditor in the process of consumer bankruptcy is important as it indicates whether the potential implementation and application of such model will achieve its purpose and give the expected results.