CEU Electronic Theses and Dissertations, 2019
| Author | Gornik, Martina |
|---|---|
| Title | Problems of Lessors with Enforcement on Motor Vehicles - A Comparative Analyses of US and German Law as Compared to Croatian Law and Practices |
| Summary | This paper addresses the issues encountered by lessors when recovering their claims through enforcement proceedings on motor vehicles in Croatia, comparing Croatian legislative solutions with those existing in the United States and Germany. The lack of legal tools for fast repossession of objects of leasing have proved to be one of the key problems in further development of local leasing industry in Croatia. Inadequate legal regulation of enforcement measures or lack thereof, the fact that the courts do not efficiently use available measures at their disposal to force debtors to cooperate, have led lessors to an absurd situation where they cannot protect their retained ownership through quick repossession, because often they cannot locate their own property. It is legitimate to devote this thesis to this problem because after the adoption of the first Croatian Leasing Act in 2006, albeit many scientific papers were published on leasing in Croatia, none of them focused on problems lessors face when trying to enforce their retained ownership on motor vehicles. Additionally, there are only a few papers that take critical approach towards modern enforcement regulations in Croatia which are the primary reason for problems of lessors. However, even the latter do not establish a comparative model, naming those jurisdictions whose efficient solutions Croatian legislator should follow in the future. In this research, it is suggested that the solutions employed in the United States and Germany may be exploited by Croatia to increase the efficiency of the enforcement system. Through this comparative analysis, the author aims to single out the key advantages and disadvantages of the analyzed systems, as well as to exemplify with case law the practical side of leasing and crucial problems of lessors with enforcement on vehicles in Croatia. |
| Supervisor | Tajti Tibor |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2019/gornik_martina.pdf |
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