Review article
https://doi.org/10.30925/zpfsr.37.2.10
ABOUT STAY OF CIVIL PROCEDURE AND (UN)JUSTIFIED REASONS FOR ITS ABOLISHMENT
Juraj Brozović
; Pravni fakultet Sveučilišta u Zagrebu
Abstract
Stay of procedure, as a method of temporary standstill of civil proceedings, was abolished in the amendments of the Civil Procedure Act of 2013. Legislator was of opinion that the stay contributes to the procedural non-activity and unnecessary delays in the proceedings. It was not alone. A number of professional experts had for the whole decade considered the stay to be a useless institute which was used only as an abuse of process aimed at slowing down the proceedings and which was not in accordance with a new concentrated civil procedure. Those allegations required reassessment. This paper presents relevant statistics and the results of the survey conducted among lawyers of different profiles and backgrounds, in order to show if the reasons for abolishing the stay were justified. The paper demonstrates the results of the reforms, as well as comparative solutions which could represent future developments in the Croatian civil procedure and its temporary standstill methods.
Keywords
stay of proceedings; abolishment of stay
Hrčak ID:
167178
URI
Publication date:
20.7.2016.
Visits: 4.391 *