Naslov
Extrajudicial Settlement of Disputes in Domain of Financial Services - EU and Croatia

Autori
Čulinović-Herc, Edita ; Žunić-Kovačević, Nataša

Vrsta, podvrsta i kategorija rada
Radovi u zbornicima skupova, cjeloviti rad (in extenso), znanstveni

Izvornik
Sixth International Conference" Economic Integrations, competition and cooperation" : proceedings / Kumar, Andrej ; Kandžija, Vinko - Rijeka, 2008, 413-420

ISBN
978-953-6148-61-5

Skup
International conference "Economic integrations, competition and cooperation" (6 ; 2007)

Mjesto i datum
Opatija, Hrvatska, 19.04.2007. - 20.04.2007

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
extrajudicial settlement of disputes; consumer protection; financial services; EU; Croatia

Sažetak
Aim of this paper is to ascertain which institution in Croatia, already existing or to be instituted would be the best choice as the competent body for extrajudicial settlement of financial services disputes with the consumers. In that respect few EU national models are explained with their basic features. Given the fact that in Croatia supervision of the non-banking sector was recently consolidated in one supervisory authority (HANFA), paper examines whether it is possible to institute the compentent body as part of one or both supervisory institutions, the second being Croatian National Bank. In order to ascertain that, their supervisory powers are analyzed according to the existing laws. If Croatian legislator decides to institute the body as a kind of state agency (« ; ; ; from the top approach» ; ; ; ) in that case the competent body should be instituted by special law and budgeted by state accordingly. If Croatia decides to take « ; ; ; from the bottom approach» ; ; ; , this means that the competent body would be attached to associations of the providers of financial services, and funded by them accordingly. The paper examines both organizational and legal aspects of those two approaches, having in mind various experiences of other member states. It is also questiones legal effects of the decision rendered by future competent body - should it be binding for both parties, such as arbitration award is, and how composition of the panel should be solved.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA