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Collected Papers of the Faculty of Law of the University of Rijeka / Raccolta di scritti della Facoltà di giurisprudenza dell'Università di Rijeka / Gesammelte Schriften der Rechtswissen, Vol. 36 No. 1, 2015.

Original scientific paper

STANDARDS OF ESTABLISHING FACTS IN CIVIL PROCEDURE

Mihajlo Dika ; umirovljeni sveučilišni profesor Pravog fakulteta u Zagrebu

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Abstract

The paper defines the concept of establishing facts and represents theoretical
elaboration of establishing facts in civil procedure of German, Austrian, ex-Yugoslav
and post-Yugoslav legal sphere. The paper attempts to take a stand on the basic
standard of establishing relevant facts in Croatian civil procedure. An attempt is
made to justify the stand that the facts established by the court should be certain
enough to exclude any reasonable doubt about the existence of other facts, given that
this standard is prescribed by law and that legal consequences are conditioned by
the norms of substantive law, i.e. by the existence or non-existence of certain facts.
Therefore, the decision of the court on the protective measure concerning these legal
consequences should be based on the belief in the existence or non-existence of such
facts that would exclude any reasonable doubt about the existence of other facts.

Keywords

standard of establishing facts; certainty; probability

Hrčak ID:

141177

URI

https://hrcak.srce.hr/141177

Publication date:

13.4.2015.

Article data in other languages: croatian

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