Prethodno priopćenje

TIME LIMIT FOR THE INITIATION OF PROCEEDINGS – CALCULATION DISPUTE

Marko Babić ; Ustavni sud Republike Hrvatske, Ekonomski fakultet Sveučilišta u Zagrebu
Eduard Kunštek ; Pravni fakultet Sveučilišta u Zagrebu

Sažetak

This paper is an analysis of a common fallacy in parts of jurisprudence
argumentation connected with the qualification of the time limits for initiating
proceedings (legal nature) and applicable rules for their calculation.
In some cases, from the premise which can be (in principle) considered true
(the time limit for initiating a proceeding is not procedural in its nature), and from
the premise that for those time limits which are not procedural in their nature, the
rule of the Croatian Civil Procedure Act (Art. 112.4.) that they expire on the first
following working day, cannot be applied (in case the last day of the time limit falls
on a non-working day) – it is concluded that the substantive time limit in equal case
does not expire on the first following working day. Since there are special rules that
refer to the substantive time limits, which provide that these time limits expire also on
the first following working day - this is an argumentative error called “denying the
antecedent”.

Ključne riječi

time limits for initiating a procedure; argumentative error; denying the antecedent

Hrčak ID:

141255

URI

https://hrcak.srce.hr/141255

Datum izdavanja:

13.4.2015.

Podaci na drugim jezicima: hrvatski

Posjeta: 8.537 *