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：2012
卷号：33
期号：1
页码：413-441
出版社：Pravni fakultet Sveučilišta u Rijeci
摘要：as a modern event in developed countries (USA, Chapter 9 of the Bankruptcy Law) and developing countries also. (In 1996 Hungary introduced the Municipal Debt Adjustment Act (the Act no. 25); In 1991 Bulgaria enacted the Law on Local Self-Government and Local Administration, the Law no. 77, 17-IX-9, the last amendments were introduced in 1999; South Africa introduced regulations on the same legal issues with the 2001 Law no. 34; Brazil introduced the same Law no. 9496 in 1997, in 2006 Romania enacted bankruptcy provisions concerning the local self-government within the Law on Local Public Finances, no. 273, § 74 and § 75). Such legal experiences are important for normative consolidation and potential reform and understanding of bankruptcy law as well as local self-government law. Having in mind the institute of municipal bankruptcy from the USA law, the author analyses possible methods according to which the model in question could be incorporated within the Croatian law. First of all, the positive bankruptcy law, at list for now, excludes a possibility to conduct bankruptcy proceedings over the local self-government units (the Bankruptcy Act (hereinafter BA), Official Gazette, no. 44/96, 29/99, 129/00, 123/03, 82/06 and 116/10, the Article 3, paragraph 2, phrase 1). It would be more precise to point out that, at least for now, no concrete ex post legal solutions have been existing in case of local unit insolvency.Therefore, we should thing of the institute of bankruptcy of local self-government as an option due to the fact that states, including Croatia, tend to decentralize services, expenses, taxes and to increase their debts as well. The present article is of the most importance for Croatian legislator bearing in mind that it presents the first overview of models to resolve financial obstacles at the local level. In case if economic resilience of the local unit encounters the unbearable financial difficulties, the bankruptcy could be, although the least wanted, an option. The author in nutshell gives an explanation for key characteristics and variations of the model of local self-government bankruptcy in SAD and Hungary. As it is the case with bankruptcy of legal persons, the philosophy of local self-government bankruptcy starts from the assumption of economic preconditions to distribute risks, and consequently, this creates a possibility for restructuration and financial adjustment. Nevertheless, there is a certain specificity in legislator’s ambition to mitigate tensions between the legitimate rights of creditors and the need to maintain important, public services and to strengthen ex ante fiscal position of local self-government.Due to the extent of discussed issues, the article presents a possibility to tackle some certain issues regarding the decentralization and to offer an overview of numerous issues arising from the bankruptcy of local self-government. The author gives his best efforts to emphasise, trying to immediately make it clear for the reader even in this overview, the critical need to also analyse other options in post-transitional countries, which should explore and present in systematic and impartial manner the alternatives for insolvent local units and unsuccessful decentralisation.
关键词：decentralisation; local self-government; insolvency; bankruptcy.
