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：2
页码：769-801
语种：Croatian
出版社：Pravni fakultet Sveučilišta u Rijeci
摘要：This paper deals with the notion of late payment set out in the Directive 2011/7/EU on combating late payment in commercial transactions, as well as with the legal consequences of late payment provided by the provisions of the Directive. The first aim of the paper is to determine the meaning of certain provisions of the Directive, through conceptual analysis and grammatical, systematic and teleological interpretation. The second aim is to assess the extent to which the Directive can achieve its operative objective: to provide creditors with instruments that will enable them to fully and effectively exercise their rights in cases of late payment. Analyzing the notion of late payment, it is determined that the directive provides for a subjective concept of late payment. The differences between the subjective and the objective concept of late payment are being discussed and the conclusion is drawn that the objective concept is more acceptable and favourable to creditors of monetary obligations. In light of the theoretical disputes about the function of interest for late payment, it is examined which function the interest for late payment has in the context of the provisions of the Directive. Since the latter also introduced a special compensation for recovery costs, attempt is made to determine its function as well. As a matter of practical importance, the defects of the regulation of late payment set forth in the Directive 2011/7/EU are identified, accompanied with the proposals for more efficient solutions de lege ferenda.
关键词：late payment; interest for late payment; compensation for recovery costs; Directive 2000/35/EC; Directive 2011/7/EU.
