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Discussion on Procedural (Re)Form: The Principle of Orality v. the Principle of Written Form

Slađana Aras Kramar orcid id orcid.org/0000-0002-8908-775X ; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska


Puni tekst: hrvatski pdf 425 Kb

str. 791-823

preuzimanja: 1.255

citiraj


Sažetak

The principle of orality is one of the basic principles of the Croatian civil procedure. In the basic provisions of the Croatian Civil Procedure Act (CPA), it is emphasised that the court decides on the claim based on an oral, direct and public hearing. The principle of orality and the oral hearing in the Croatian civil procedure are the results of implementation of the solutions of the Klein’s Zivilprozessordnung from 1985, which aimed to make a radical shift from the procedure based on the written, Roman-canonical procedure.
The aim of the paper is to analyse the extent to which the principle of orality is implemented in the Croatian civil procedure, and to what extent the maxim quod est in actis non est in mundo is applied in this procedure. In the paper, this is done through an analysis of the provisions of the CPA and case law. The use of modern information and communication technologies in civil procedure, however, throws new light on the question of the choice of the (traditional) procedural form – the oral or written form. Hence, the aim of the paper is also to review and discuss the (traditional) procedural form in the context of modern procedural reforms and the use of modern information and communication technologies in civil procedure. In the analysis and the discussion, some solutions of the Austrian and Slovenian law on civil procedure are taken into account.

Ključne riječi

principle of orality, principle of written form, procedural form, electronisation of procedure, electronic evidence

Hrčak ID:

216255

URI

https://hrcak.srce.hr/216255

Podaci na drugim jezicima: hrvatski

Posjeta: 2.104 *