Stručni rad
https://doi.org/10.25234/para/45388
ANTICIPATED OBJECTION TO THE ENFORCEMENT ORDER BASED ON A TRUSTWORTHY DOCUMENT
Jakov Vojta Žujo
; Pravni fakultet Sveučilišta u Zagrebu
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* Dopisni autor.
Sažetak
This paper examines the so-called preliminary (anticipated) objection against the enforcement order based on a trustworthy document, and the question of its recognition in Croatian civil court practice. The paper deals with the lack of uniformity in trial courts’ practice arising after the landmark judgments of the Court of Justice of the European Union in the cases of Pula parking and Zulfikarpašić, in which the Croatian model of notarial enforcement was found contrary to the principle of adversarial proceedings, the 2020 amendment to the Enforcement Act introduced the institute of notification and of the proposal for enforcement delivered to the prospective enforcee. This new framework led to the filing of submissions of ambiguous legal nature, which were not merely statements regarding the proposal but, in their substance, objections lodged before the enforcement order was issued. The paper combines an analysis of the relevant provisions of the Enforcement Act and the Civil Procedure Act, as well as decisions of county courts, of the High Commercial Court, the Constitutional Court and the European Court of Human Rights, and draws analogies in premature appeals in Croatian and German practice. The paper takes the position that anticipated objections should nevertheless be recognised, subject to certain conditions. The paper shows that the case law on anticipated objections remains divided, pointing to a broader phenomenon of inconsistency in Croatian judicial practice, even with respect to relatively straightforward procedural issues.
Ključne riječi
anticipated objection; enforcement on the basis of a trustworthy document; payment order; excessive formalism; inconsistency of case law
Hrčak ID:
352110
URI
Datum izdavanja:
2.10.2026.
Posjeta: 0 *