Izvorni znanstveni članak
https://doi.org/10.31141/zrpfs.2025.62.158.545
Errors of Law: A Legal Theorethic Typology
Luka Burazin
orcid.org/0000-0002-2437-8871
; Pravni fakultet Sveučilišta u Zagrebu
Svan Relac
orcid.org/0000-0002-1087-4962
; Pravni fakultet Sveučilišta u Zagrebu
Sažetak
The paper determines what constitutes an error in the application of law (error of law). Given the
paucity of theoretical elaboration of errors of law in Croatian theoretical legal literature, despite the
generally known importance of this ground of appeal in (Croatian) legislation and (Croatian) science
of criminal, civil and administrative procedural law, the main goal of the research is to point out the
unsatisfactory state of Croatian legal theory and to build an elaborated legal theoretic typology of
errors of law that is applicable to various legal procedures.
In the first stage, the paper analyzes existing typologies of errors of law in Croatian doctrinal
works on civil, criminal and administrative procedure and presents a synthesized typology of errors
for each of the analyzed procedures. In the second stage of the research, based on the synthesis of
previously reconstructed doctrinal typologies and the classification of identified errors, a general
legal theoretic typology of errors of law is constructed, which is applicable to various legal
proceedings. Errors of law are divided into errors in the identification of norm, generic and individual
subsumption, and determination of legal consequences. Each of these categories contains various
specific reasons that lead to the error. The conceptual framework used to interpret the relevant
doctrinal literature and make a synthesis of identified types of errors in the application of substantive
law in the first stage and construct a general legal theoretic typology in the second stage, are theories
of the sources of law, legal norms, legal interpretation and legal reasoning, as they are presented in
the works of Riccardo Guastini.
The typology should help Croatian legal scholars in better describing and systematizing the legal
regulation of the appeal grounds for the incorrect application of substantive law and conducting
more precise analyses of cases of incorrect application of substantive law in Croatian judicial and
administrative practice, as well as Croatian legal practitioners in more clearly recognizing various
cases of incorrect application of substantive law in procedures of (judicial and administrative)
application of law.
Ključne riječi
errors of law; ground of appeal; judicial syllogism; judicial proceedings; administrative proceedings
Hrčak ID:
347627
URI
Datum izdavanja:
31.12.2025.
Posjeta: 310 *