Judicial Committee

2021 POLICY ISSUES

1. Recommendations for Necessary Amendments to Bankruptcy Act

  • Croatian Bankruptcy Act lacks a legal framework that would enable efficient court protection of creditors and restructuring of debtors. Most problems occur due to late pre-bankruptcy/bankruptcy proceedings that decreases the possibility of a successful restructuring. The reason for delaying the pre-bankruptcy /bankruptcy proceedings can be found in inflexible bankruptcy reasons that come down to long-term account preservation. In addition, Croatian Bankruptcy Act lacks a legal framework that would ensure creditors and debtors a possibility to reach a deal effecting all creditors. 
  • Regulation other forms of bankruptcy is needen, in addition to liquidation bankruptcy, which are rarely carried out in practice. 

2. Recommendations for Necessary Amendments to the Enforcement Act

  • There have been announcements of bringing a new Enforcement Act that would digitalize and automatize enforcement procedure and that would additionally ease the position of debtor in enforcement procedure.
  • This Act is of a great importance to businesses in Croatia since it regulates the possibility of collection of receivables – one of the foundations of the safe and stable business activity in Croatia.
  • Improvement of the enforcement procedure is needed in a way that makes it shorter, quicker, more efficient while ensuring the dignity of debtors.

3. Recommendations for judiciary improvements 

  • Improvement of the predictability and efficiency of the judiciary system is of a great importance for business representatives in Croatia. 
  • Additional recommendations aimed at creating legal certainty in Croatia will be given.

4. Using AI as predictive technology in court proceedings

  • New technologies based on AI are more and more commonly used in legal systems across the world, especially in the private sector of legal services. Predictive technology enables judges and parties involved to determine past practice and existing legal views quickly and efficiently, as well as to find additional important information that would lead to expedited proceedings and more objective court rulings.
  • The aim is to encourage the justice system to actively consider the introduction of technology that would improve the system for the benefit of all its stakeholders.

5. Digitalization of Business share registry

  • 95% of the Croatian economy are companies with limited liability (d.o.o.). While starting up a company has been digitalized with START system, trading shares in limited liability companies is a slow, complex, and expensive process that discourages many people from actively trading those shares. 
  • A new model of running the Business share registry is needed that would enable completely digitalized transfer compatible with all relevant systems for remote identification and electronic signature. Such a system would enable quick, simple, and affordable trading in shares, as well as increase of Croatia’s rating in business community.

Representatives of the following member companies participate in the work of the Committee: 
Aion d.o.o.
Alpheus d.o.o.
Batarelo Dvojković Vuchetich odvjetničko društvo d.o.o.
Bogdanović, Dolički & Partneri odvjetničko društvo
CMS Reich-Rohrwig Hainz Rechtsanwälte GmbH - Podružnica Zagreb
Crowe Horwath d.o.o.
EOS Matrix d.o.o.
Ernst & Young d.o.o.
Hrvatska banka za obnovu i razvitak
IBM Hrvatska d.o.o.
INDAGO d.o.o.
Johnson & Johnson S.E. d.o.o.
JT International Zagreb d.o.o.
KPMG Croatia d.o.o.
Krehići i partneri Odvjetničko društvo d.o.o.
Medtronic Adriatic d.o.o.
Merck Sharp & Dohme d.o.o.
Meridian 16 business park d.o.o.
Microsoft Hrvatska d.o.o.
Odvjetničko društvo Bekina, Škurla, Durmiš i Spajić d.o.o.
Odvjetničko društvo Divjak, Topić i Bahtijarević d.o.o.
Odvjetničko društvo Ilej & Partneri d.o.o.
Odvjetničko društvo Porobija & Špoljarić d.o.o.
Odvjetničko društvo Vedriš & Partneri
Odvjetničko društvo Vukmir i suradnici
Odvjetničko društvo Župić i partneri d.o.o.
Pevex d.d.
Pliva Hrvatska d.o.o.
Roche d.o.o.
Schönherr Rechtsanwälte GmbH, podružnica Zagreb
Wolf Theiss Rechtsanwälte GmbH & Co KG-Podružnica Zagreb
Zagrebačka Banka d.d.
ZMP IP d.o.o.

 

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