Study:	Law - 7. semester
Code:	44341
ECTS:	8.0
Course coordinators:	prof. dr. sc. Jasnica Garašić prof. dr. sc. Alan Uzelac prof. dr. sc. Aleksandra Maganić izv. prof. dr. sc. Slađana Aras Kramar izv. prof. dr. sc. Marko Bratković
Lecturers:	dr. sc. Juraj Brozović - Lectures
Exam dates:	11. 09. 2024. Exam registration: Studomat

Literature:

Siniša Triva, Mihajlo Dika; Građansko parnično procesno pravo; (2004), str. [object Object] Zakon o parničnom postupku, "Službeni list", broj 4/77, 36/77, 6/80, 36/80, 43/82, 69/82, 58/84, 74/87, 57/89, 20/90, 27/90, "Narodne novine", broj 35/91, 53/91, 91/92, 112/99, 88/01 - čl. 50. Zakon o arbitraži, 117/03, 84/08, 123/08, 57/11, 148/11, 25/13, 43/13 - Rješenje USRH i 89/14 - OUSRH, 70/19)); , str

Optional literature:

Mihajlo Dika; Pravo na tužbu; (1985), str Mihajlo Dika; O biti i granicama pravomoćnosti, I.; (1991), str Alan Uzelac; Istina u sudskom postupku; (1997), str Alan Uzelac; Teret dokazivanja; (2003), str Rosenberg, Schwab, Gottwald; Zivilprozessrecht; (2004), str Rechberger, Simotta; Zivilprozessrecht; (2000), str Ude; Civilno procesno pravo; (2002), str

Description:

This course enables systematic approach to studying Croatian civil procedure and the application of the legal norms in practice. As a scientific discipline, civil procedure law deals with methods of protecting substantive rights of citizen and legal entities. SInce civil (court) proceedings represent a regular method of the protection of the rights, the analysis concentrates primarily on the principles and rules of civil procedure. Moreover, civil procedure law also deals with basic notion of ADR - the basics of arbitration and mediation.

Cognitive Skills:

 

After successfully completing the course, students will be able to:

Knowledge

- recognise prerequisites of the admissibility of court litigation and prerequisites for making a court decision

- name the subjects of litigation

- define forms of protection of subjective civil rights and individual litigation actions of the court and parties

 

Understanding

- describe the course of litigation and activities of procedural subjects in litigation

- explain party and litigation capacity of parties and forms of representation in litigation

- identify sources of Croatian civil procedural law

- discuss various theoretical and comparative litigation models and individual resolutions made by Croatian legislators

- express the ration of the existence of individual procedural institutes abd their role in procedural systematisation

- recognise basic principles of procedural law in individual legal regulations

 

Application

- illustrate basic principles of procedural law by examples from legislative and court practice

- select and adequately apply an appropriate legal norm in order to resolve a certain procedural problem

- use the textbook and legal texts in the work on concrete examples from court practice

 

Analysis

- distinguish civil from civil procedural law, litigation from non-contentious procedures, regular litigation from special litigation and litigation from other (alternative) dispute resolution forms

- separate points of fact from points of law in litigation and in individual parts of the lawsuit, decision and regular and extraordinary legal remedies

- resolve a concrete legal case by an adequate application of law to the determined points of facts

- analyse effects of individual legal resolutions on the rights and interests of involved legal subjects

 

 

Synthesis

- prepare applications of parties in litigation

- formulate a declaratory, condemning and constitutive clain and adequate rulings

- prepare drafts of various types of court decisions

 

 

Evaluation

- assess the adequacy of individual legally permissible actions for reaching the desired legal protection effects

- estimate to which extent is the court practice consistent in the application of individual legal solutions

- compare older legislative solutions in the regulation of individual procedural institutes with the newer ones

- evaluate the effects of newer legislative solutions for the efficiency of providing legal protection

Practical and Generic Skills:

After successfully completing the course, students will be able to

- justify their standpoints orally and in writing, and evaluate the arguments of persons with different standpoints

- find arguments for and against regulation of individual solutions

- approach a problem in an interdisciplinary manner and consider it from as many perspectives as possible

- communicate with the administrative and judicial bodies in an appropriate form

- create a legal approach to individual social problems and find adequate mechanisms of their solution

- critically evaluate legal solutions and their application in court practice and find better, more adequate solutions

- take responsibility for independent decision-making and conduct of procedure

- assess ethical dimensions of individual actions

Matching Assessments to Learning Outcomes:

Knowledge of every student is tested in writing and orally. Written examination consists of two parts - a written test with offered answers of factuall type and an essay on one of three proposed topics. The student who earns a sufficient number of points in the written examination (18 out of 30 points) has the right to take oral examination.

A part of questions is focused on testing the accuracy of reproduction (for example, to recognise a competent body, name certain forms of litigation actions of the court and parties, recognise basic principles of procedural law in individual legal regulations), and another part are problem tasks focused on testing understanding and applicability of knowledge.

In grading the essay the student's general and legal literacy and the ability of logical structuring of the text is taken into consideration. The essay requires the analysis of features or facts connected to certain procedural institutes and is focused on testing the student's analytical ability and observing patterns. One of proposed topics is always casus that the students have to resolve by an adequate application of legal rules.

In the oral examination the understanding of the subject matter is tested, as well as the student's ability to analyse the effects of individual legal solutions on the rights and interests of the involved legal subjects and to discuss different theoretical and comparative litigation models and individual Croatian legislative solutions.

Within the seminar students are obliged to participate in two-week practice at the municipal or commercial court, in the office of the attorney or public notary, whereby they gain skills of critical evaluation of individfual legal solutions and assessment to which extent is court practice consistent in the application of individual legal solutions. The students who attend seminar under the supervision of their mentors from practice gain skills of resolving cocrete legal cases by an adequate application of law and of preparing various types of applications and court decisions. The skills gained are tested by a written seminar paper that is connected to a practical case selected by the student. The purpose of the student's presentation of the paper is to gain public presentation skills and reasonably justifiy their standpoints.

Consultations schedule:

• prof. dr. sc. Alan Uzelac:

  Thursdays at 15.00h.

  Location: Trg Republike Hrvatske 3, room 19
• prof. dr. sc. Aleksandra Maganić:

  Wednesdays, 8 a. m.

  Location: Trg Republike Hrvatske 3, room 20
• izv. prof. dr. sc. Slađana Aras Kramar:

  student hours are agreed upon in advance (email address: sladana.aras@pravo.hr)

  Location: Trg Republike Hrvatske 3, room 23
• dr. sc. Juraj Brozović:

  Student hours are agreed upon in advance and held via Google Meet platform

  Location: Trg Republike Hrvatske 3, room 42/IV