Review article
https://doi.org/10.30925/zpfsr.47.1.10
Security for Litigation Costs under Croatian Domestic Law
Mihajlo Dika
; University of Zagreb, Faculty of Law
*
* Corresponding author.
Abstract
After an introductory discussion aimed at defining the concept and the rationale of the institute, the paper systematically examines the institute of security for litigation costs (actor’s security deposit) under Croatian domestic law. The analysis addresses the questions of who is actively and passively legitimized in the incidental procedure of requesting and deciding on the actor’s security deposit, at what stage of the proceedings the request for its payment should be made, what the consequences are of failing to make the request in due time, what the security may consist of, who decides on its payment, and under what conditions a decision already made may subsequently be altered. Particular attention is given to the issue of whether a plaintiff obliged to provide an actor’s security deposit may be granted free legal aid. In connection with this, and also on a more general level, the paper raises the
question of whether and in which cases the risk of non-recovery of litigation costs from persons granted free legal aid should be socialized.
Keywords
actor’s security deposit; security for litigation costs; defendant; plaintiff; Private International Law Act.
Hrčak ID:
346131
URI
Publication date:
15.4.2026.
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