OTKUP POTRAŽIVANjA ILI PRODAJA DUGOVANjA KAO PRAVNI POSAO U TRŽIŠTU KAPITALA

Abstract

Capital markets require efficient and secure legislation (legal infrastructure). In the construction of the aforementioned, the targeted actions of the European Parliament and the Council and the European Commission since 2018 have been focused on the rules on the transfer of ownership (especially over securities) and the effects of assigning claims to third parties. The aim of this proposal was to ensure legal certainty by establishing uniform rules for the conflict of laws at the level of the Union and thereby help to increase the number of crossborder transactions with claims. A contribution to legal certainty is the determination of unique rules on organizations that have as their activity the collection of claims, either in their own name and for their own account (this is preceded by the transfer of claims) or else in the name and for the account of creditors (the original creditor) or other recipients of claims, who acquired it in the process of disposing of this right. National regulations on the assignment of claims (national substantive law), mainly taking as a basis the Law on Obligations and the Law on Consumer Protection and the Enforcement Law in the focus of the regulation, do not provide a sufficient legal basis for all aspects of debtor's protection, not even in terms of creditor protection. Such a situation conditioned or produced the current chaos on the internal capital market and the emergence of numerous debt collection agencies and confusion in the way they operate and collect debts with frequent violations of the right to protect personal data. In this regard, the law also shows as living organism which is subject to constant changes through the creation of new regulations or the modification of existing ones. The influence of European regulations on national regulations is not only predictable, but also a legal obligation of the Republic of Croatia as a member of the European Union. Capital trading on the capital market simply requires a review, at least of the modern regulations from 2005 or even later in every respect.