Original scientific paper
https://doi.org/10.25234/pv/32398
WRITTEN PROCEDURE AND THE RIGHT TO ORAL HEARING IN SMALL CLAIMS DISPUTES
Zvonimir Jelinić
; Faculty of Law, Josip Juraj Strossmayer University of Osijek, S. Radica 13, 31000 Osijek, Croatia
Abstract
This paper discusses small claims disputes and a significant legal amendment from 2022 establishing that small claims disputes will primarily be handled through a written procedure. The court will only conduct a hearing if it determines that it is necessary to carry out the evidence process or to ensure a fair trial. The paper examines whether this new rule is constructive and how it relates to the fact that small claims disputes are not necessarily trivial or marginal cases within the total number of civil proceedings conducted before Croatian courts. It explores the circumstances that judges should consider when deciding on the method of conducting the procedure and also discusses other aspects and peculiarities of these numerous civil proceedings.
Keywords
small claims disputes; written procedure; right to a fair trial; right to an oral hearing; arbitrariness
Hrčak ID:
325272
URI
Publication date:
31.12.2024.
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