SECURING OF CIVIL CLAIM

Authors

  • Mijo Galiot Municipal Court in Split
  • Vanesa Brizić Bahun Municipal Civil Court in Zagreb

DOI:

https://doi.org/10.30925/zpfsr.43.3.13

Keywords:

Civil claim, temporary measures, confiscation of proceeds, security procedure

Abstract

In this paper, the authors analyse the procedure for securing civil claims by means of temporary measures that can also be pursued within criminal proceedings as an adhesion procedure. In the first place, the paper presents the important characteristics of temporary measures in view of the relevant provisions of the Criminal Procedure Act and the Execution Act, and points to certain specific characteristics of the measures mentioned. In addition to proposing possible solutions, special emphasis is put on the possibility of issuing temporary measures for securing civil claims in relation to a third party. The authors then analyse the relationship between a civil claim and the confiscation of proceeds from a general standpoint as well as in relation to various safeguards that can be applied with the purpose of securing these claims. The paper examines the possibility of affording satisfaction to the injured party in the event of prior confiscation of proceeds and the matter of confiscation of proceeds in cases where no civil claims have been presented.

Additional Files

Published

2022-12-30 — Updated on 2023-12-14

Versions

How to Cite

Galiot, M., & Brizić Bahun, V. (2023). SECURING OF CIVIL CLAIM. Collected Papers of the Law Faculty of the University of Rijeka, 43(3), 791–810. https://doi.org/10.30925/zpfsr.43.3.13 (Original work published December 30, 2022)

Issue

Vol. 43 No. 3 (2022): Collected Papers of the Law Faculty of the University of Rijeka

Section

ARTICLES

License

Copyright (c) 2022 Mijo Galiot, Vanesa Brizić Bahun

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