Original scientific paper
https://doi.org/10.30925/zpfsr.43.3.8
EFFECTIVE CONDUCT OF THE PREPARATORY PROCEEDINGS
Juraj Brozović
; Faculty of Law, University of Zagreb, Zagreb, Croatia
Abstract
The preparatory proceedings have existed for more than a decade in Croatian
civil proceedings, but research has shown that it has not yet fulfilled its basic function
in terms of speeding up and concentrating civil proceedings. This can be partly
explained by the gradual and, to certain extent, casual approach to the reforms which
have not always been done consistently and precisely, but also by the misunderstanding
of the meaning of this special stage in the jurisprudence, i,e. the meaning of the tasks
meant to be undertaken within it. The purpose of this paper is to (re)interpret the legal
provisions on preparatory proceedings by applying modern understanding of civil
justice, based on the results of empirical research and available case law, to analyze
their application in the case law of higher courts and to give recommendations on
how to make preparatory proceedings more effective in each of its substages. This
paper also shows a critical departure from the existing practice and points out the
significance of the announced amendments to the Civil Procedure Act of 2022.
Keywords
preparatory proceedings; concentration of proceedings; efficiency
Hrčak ID:
287849
URI
Publication date:
20.12.2022.
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