标题：STATUS OF THE BANKRUPTCY DEBTOR IN PUBLIC PROCUREMENT PROCEDURES - DE LEGE LATA SOLUTION, CONVENTION AND EUROPEAN LAW REGULATION AND PROPOSITION OF CHANGES
期刊名称：Collected Papers of the Law Faculty of the University of Rijeka
印刷版ISSN：1330-349X
电子版ISSN：1846-8314
出版年度：2016
卷号：37
期号：2
页码：791-804
语种：Croatian
出版社：Pravni fakultet Sveučilišta u Rijeci
摘要：Recently, the tendency of the necessity of the subject ́s survival through the provision of the pre-bankruptcy proceedings and bankruptcy plan became one of the most important legal-political goals of the reform of commercial judicature. So to achieve that it is very important how Bankruptcy law is related with other laws in the legal system, and it ́s relationship with the Public Procurement Act. In this paper authors are analyzing two complementary themes that are unified during the argumentation. Namely, the goal is to analyze specific aspects of the mutual incompatibility of certain principles and the provisions of the Bankruptcy Act and the Public Procurement Act. Auhors will show how the Law on Public Procurement provides both legal and factual obstacle to the appropriate implementation of pre- bankruptcy proceedings and bankruptcy plan, preventing the economic and financial recovery of the subject, which also leads to discrimination in the process of public procurement. In this sense, this paper intends to point out the paradigm of this relationship, by trying to bring the focus of this issue on the certain de lege lata solutions
关键词：public procurement; the debtor; pre-bankruptcy proceedings; the bankruptcy plan; discrimination
