Izvorni znanstveni članak
The Amended Proceeding Applicable to Disputes of a Petty Value
Mihajlo Dika
; Pravni fakultet Sveučilišta u Zagrebu
Sažetak
The Law on Amendments and Supplements to the Law on Civil Procedure from 2008 (the Amendments) has radically reformed the proceeding applicable to petty value disputes. The amendments, first of all, concern a division of the first instance proceeding into two basic stages – on so called preliminary proceeding and trail stage. They also refer to prescribing of mandatory holding of the first hearing, which, as a rule, has a function of preliminary hearing. Described amendments are accompanied by a limited possibility to carry out execution of novelties as well as by modification of a dispute matter and making decisions before the conclusion of preliminary proceeding. For the first time the amendments allow filing a request for revision on points of law in proceedings in which a dispute matter is of a petty value. Nevertheless, a party may file a request only for so called exceptional revision, a legal means which is necessary to secure uniform application of laws and equality of citizens in these proceedings. In the article an effort is given to systematically present new regulations on petty value proceedings paying a special attention to sources of legal basis of the institute, definition of the notion of such proceedings, ascertainment of their adequacy, analysis of the structure and organisation of preliminary proceeding and proceeding at the trail stage, specificity of appeal and newly introduced revision on points of law, renewed proceedings as well as execution of decisions taken in these proceedings. A significant attention is given to implications which newly introduced limitation of possibilities to present novelties has for determination of a moment which is relevant for a court decision to become final. In conclusion, efforts are taken to compare the reformed regulations on malicious procedure with the regulations on so called European proceeding in petty value disputes according to the Regulation (EC) no. 861/2007 of the European Parliament and Council on 11th of July, 2007. The comparison is a basis for drawing a lesson for possible interventions de lege ferenda.
Ključne riječi
proceeding applicable to disputes of a petty value; preliminary proceeding; trial
Hrčak ID:
52610
URI
Datum izdavanja:
10.4.2009.
Posjeta: 7.422 *