Izvorni znanstveni članak
Verdict Based on a Confession
Mihajlo Dika
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Sažetak
The paper attempts to exhibit, completely and systematically, with warnings of some comparative solutions and opinions of the foreign doctrine, the institute of verdict based on a confession, one of the so called dispositive verdicts, verdicts that are based on the manifestation of will of one of the parties that directly determines the content of the ending of the litigation on the merits. It is especially emphasised and argued that, despite its dispositive character in which the acceptance of principle of autonomy of the parties’ will in the area of the procedural law, the acceptance of the litigation claim on which the verdict is being passed based on a confession maintains the meaning of the pure procedural act, it is free of meaning and material-legal disposition. De lege ferenda warns of the need to enlarge the circle of procedurally authorised subjects to hand in legal remedies against the verdict based on a confession by opening the possibility that certain government bodies for the purpose of protecting the public interest, but also third parties for the purpose of their interest can use legal remedy. It is also suggested to introduce the possibility to accept the litigation claim during the appeal process and passing the final verdict based on the confession, in order to allow the parties to have their claims at disposal until legal validity, but also to disburden the court of appeal of the unnecessary decision-making on the merits after an appeal, when there is no real reason for it.
Ključne riječi
verdict; confession; procedure
Hrčak ID:
100078
URI
Datum izdavanja:
28.12.2012.
Posjeta: 3.281 *