Pobojnost namjernog oštećenja vjerovnika stečajnog dužnika

It is clear from the case law of Croatian courts that intentional disadvantaging creditors (regulated in Article 202 Insolvency Act) most commonly used ground for contesting legal transactions an insolvent debtor. On this ground, all undertaken suspect period as long ten years before submission application opening (pre-)insolvency proceedings until insolvency can be contested. The authorized contester, however, litigation has a tall order proving not only debtor took action with intent to disadvantage its but also opponent contestation was aware intent. debtor’s and awareness are both determined on basis objective indications at heart analysis paper. Incongruent settlement, unequal value consideration, unusual contractual clauses, proximity contestation, (threatening) inability pay his debts often recognized In addition certain objections normative regulation institute itself, especially regarding drafting presumptions make it easier prove contester’s intention creditors, paper presents critical assessment could facilitate harmonization serve guide contesters whether appropriate engage or not.