Naslov
Introduction of the Business Judgment Rule into Croatian Legislation

Autori
Horak, Hana ; Dumančić, Kosjenka

Vrsta, podvrsta i kategorija rada
Sažeci sa skupova, pp prezentacija, znanstveni

Skup
The global Management & Information Technology Research Conference

Mjesto i datum
Sjedinjene Američke Države, 21.05.2008. - 24.05.2008

Vrsta sudjelovanja
Pozvano predavanje

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
business judgment rule; monistic system; Croatian judiciary practice; judgment rule; market economy

Sažetak
The business judgment rule has been introduced into Croatian legislation by the latest changes of legislation considering the company law. It is being introduced simultaneously with the introduction of the monistic system and it represents continuous harmonization with legal aquis of EU which has been implemented intensively since 1993. when the Commercial Companies Act, which signified a thorough change in the domain of legal entities in the Republic of Croatia and created conditions for market economy, was adopted. In this paper, the business judgment rule has been analyzed and compared with the earlier regulated standard of business diligence as well as with developed legal practice in such area within the US legal system. The paper outlines analysis of existing condition and debates on application and introduction of the business judgment rule into Croatian judiciary practice that, upon expiry of more than one decade, matured sufficiently in a way to introduce monistic (one tier) organization of bodies and all legal rules arising therefrom. In this paper, authors outline the business judgment rule in the Croatian legislation and compare it with the “business judgment rule“ of the American legal system.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA