标题：Contribution to the debate on the reform of the Sports Act: controversies of the mandatory transformation of sports associations into sports joint stock companies
期刊名称：Collected papers of the faculy of law in Split
印刷版ISSN：0584-9063
电子版ISSN：1874-0459
出版年度：2020
卷号：57
期号：4
页码：1141-1158
DOI：10.31141/zrpfs.2020.57.138.1141
出版社：Pravni fakultet Sveučilišta u Splitu
摘要：One of the key features of the first modern Croatian Bankruptcy Act of 1996 is the reliability of the criteria based on which the initiation of bankruptcy proceedings is decided. Bankruptcy proceedings are initiated by the proposal of the creditor or the debtor when the existence of any of the legally prescribed bankruptcy reasons (insolvency and insufficiency) is determined. In the fourth amendment to this Act in 2006, the circle of authorized persons for initiating bankruptcy proceedings was expanded. In Article 39(1) shall read: “Bankruptcy proceedings are initiated by a proposal of the creditor or the debtor, unless otherwise specified by law.” At the same time, in summer 2006, the Croatian Parliament passed the Sports Act, which among other things also regulates that the state administration body in charge of sports, at the proposal of the Commission for Professional Sports Clubs is authorized to ex officio initiate bankruptcy proceedings if the professional sports club/ association does not carry out the process of transformation into a sports joint-stock company or if the transformation has failed. The aim of the paper is to analyze the provision of Article 41. of the Sports Act, on the transformation of the sports club/competitive association into a sport joint-stock company in relation to the principle of proportionality, which states that rights can be limited only to the extent necessary to achieve the goal sought to be achieved by this restriction.
关键词：obligatory transformation; status change; sports company; bankruptcy procedure; bankruptcy reason
