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https://doi.org/10.30925/zpfsr.41.1.6

(MORE) ABOUT UNIFORMING COURT PRACTICE IN CIVIL CASES

Dejan Bodul ; Sveučilište u Rijeci Pravni fakultet, Rijeka, Hrvatska
Jelena Čuveljak ; Visoki trgovački sud Republike Hrvatske, Zagreb, Hrvatska
Sanja Grbić ; Sveučilište u Rijeci Pravni fakultet, Rijeka, Hrvatska


Puni tekst: hrvatski pdf 379 Kb

str. 133-152

preuzimanja: 2.349

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Sažetak

The ideal of civil litigation is a high degree of predictability, which is nothing but a stable and consistent case law. Specifically, citizens and businesses that go to court for identical factual circumstances must receive the same verdict, and courts of one state must handle identical legal issues in the same way, no matter where they are situated. On the other hand, at the heart of the legal standard of judicial independence
is the freedom of the individual judge from all influences that would prevent him from making decisions ex lege, on the basis of his conscience and in concreto when resolving specific cases. So, if there are few, if any, practitioners, theorists, and lawmakers who would not want a greater degree of uniform case law, going down to the empirical level, we see that ensuring consistent application of the law in practice
is an extremely demanding job. Although different methodological approaches are available in studying this complex problematic issue, efforts have been directed towards analysing positive solutions as well as ECHR practices, all for possible suggestions.

Ključne riječi

standardization of practice; new Civil Procedure Act; Art. 6. ECHR

Hrčak ID:

238259

URI

https://hrcak.srce.hr/238259

Datum izdavanja:

15.5.2020.

Podaci na drugim jezicima: njemački hrvatski talijanski

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