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：2014
卷号：35
期号：1
页码：271-309
语种：Croatian
出版社：Pravni fakultet Sveučilišta u Rijeci
摘要：The subject of the paper is the legal regime of default interest contained in the Law on the Financial Operations and Pre-Bankruptcy Settlement (ZFPPN) which is in force since June 2013 alongside with the general legal regime of default interest provided for in the Law on Obligations (ZOO). Provisions of the ZFPPN are analyzed in comparison with the provisions of ZOO and the scope of application of the provisions of ZFPPN is being determined as the relations which fall under the general legal regime of ZOO are separated from those which fall under the application of the special legal regime set forth in the ZFPPN as lex specialis. One objective of the paper is to determine which of the competing legal regimes of default interest is more favourable to the creditors of monetary obligations. Second objective of the paper is to evaluate whether the provisions of ZFPPN are in conformity with the requirements set out in the Directive 2011/7/EU on Combating Late Payment in Commercial Transactions, for the purposes of whose transposition the new provisions on default interest contained in the ZFPPN were adopted. The shortcomings of the legal regime of the ZFPPN are pointed out while proposals for the more adequate legal solutions de lege ferenda are being given. It is concluded that the legal regime of default interest under the provisions of the ZFPPN undermines legal certainty, circumvents the protection of creditors and causes doubts of the constitutional nature, while in addition its particular features are contrary to the Directive 2011/7/EU.
