COMPARATIVE CIVIL PROCEDURE:
Comparative civil procedure
Chair of Civil Procedural Law
Comparative civil procedure
Study: Civil Law - 9. semester
Commercial Law - 9. semester
Constitutional-Administrative - 9. semester
Criminal Law - 9. semester
International Law - 9. semester
The European Union Law - 9. semester
Code: 84045
ECTS: 4.0
Course coordinators: prof. dr. sc. Alan Uzelac
Lecturers: doc. dr. sc. Marko Bratković - Lectures
Exam dates:
  • 27. 01. 2020.
  • 10. 02. 2020.
  • 20. 04. 2020.
  • 01. 06. 2020.
  • 15. 06. 2020.
  • 29. 06. 2020.
  • 31. 08. 2020.
  • 14. 09. 2020.
Exam registration: Studomat
Basic data
Comparative civil procedure Civil Law - 9. semester
Commercial Law - 9. semester
Constitutional-Administrative - 9. semester
Criminal Law - 9. semester
International Law - 9. semester
The European Union Law - 9. semester
4.0 84045
Lecturer in charge Consultations Location
prof. dr. sc. Alan Uzelac

Thursdays at 15.00h.

Trg Republike Hrvatske 3, room 19
Lecturer Consultations Location
doc. dr. sc. Marko Bratković (Lectures) Trg Republike Hrvatske 3, room 41 (IV. kat, u potkrovlju)
Literature
Damaška, M.; Faces of Justice and State Authority; Yale
John Henry Merryman; The civil law tradition: an introduction to the legal systems of Western Europe and Latin America; Stanford (1985)
Uzelac, A.; Survival of the third legal tradition? in: IAPL 2009 Conference Materials: Future of Categories - Categories of the Future; IAPL (2009), str. 1-13
The Development of Civil Procedural Law in Twentieth-Century Europe: From party Autonomy to Judicial Case Management and Efficiency, in: C.H. van Rhee (ed.), Judicial Case Management and Efficiency in Civil Litigation; The Development of Civil Procedural Law in Twentieth-Century Europe: From party Autonomy to Judicial Case Management and Efficiency, in: C.H. van Rhee (ed.), Judicial Case Management and Efficiency in Civil Litigation; (2008), str. 11-25
Description
The students will acquire knowledge about the radically different ways in which legal traditions conceive litigation in civil cases. They will learn to think about the difficulties of model presentation and question the accuracy of the accustomed schemes, e.g. the common and civil law divide. The students are going to enhance their understanding of the particular structural elements that are combined together in order to form a specific procedural flavour. They will learn to understand the historical and ideological sources and underpinnings of different procedural schemes, e.g. the schemes of jury trial or the public concentrated trial.
Exam dates
27. 01. 2020.
10. 02. 2020.
20. 04. 2020.
01. 06. 2020.
15. 06. 2020.
29. 06. 2020.
31. 08. 2020.
14. 09. 2020.
Detailed data
Cognitive Skills:

After successful mastering of the course, students will be able to:

 

Knowledge

- recognise how litigation in civil cases is conceived in various legal traditions

- define basic procedural principles

 

Understanding

- describe the relation between judicial activism and party autonomy

- explain historical, ideological and national conditionality and markedness of individual procedural institutes

- identify whether and to what extent the dichotomy of civl and common law systems is justified

- discuss the future development of harmonisation of individual procedural schemes

 

Application

- select an adequate approach to the analysis of individual procedural institutes from the perspective of the legal order in which it was imposed

- use foreign professional litareture and legal texts in foreign languages

 

Analysis

- differentiate between legally formulated law and its application in practice

- categorise individual forms of judicial and alternative dispute resolution

 

Synthesis and evaluation

- decide wther the right to appeal is one of fundamental human rights and the justifiability of introding special procedures for the protection of collective interests

- compare domestic and foreign court practice

Practical and Generic Skills:

After successfully mastering the course, students will be able to:

- justify their standpoints in an argumented manner orally and in writing, and consider the arguments of people who have different standpoints

- to find arguments for and against the regulation of individual institutes

Matching Assessments to Learning Outcomes:

The work of individual students is continuously monitored during the course, and in particular the poroficiency of the student to prepare an independent presentation on a previously determined topic. The student's skill of presenting in front of the colleagues and teachers and jjustification of their own points of view will also be evaluated. The final grade will be formed on the oral examination, which, in agreement with the student, can be replaced by a seminar paper written on the basis of conducted research and/or analysis of domestic and foreign litareture, and oral presentation and defense of the paper in a structured interview with the teacher. In this interview the student's knowledge and understanding of the relevant subject matter and their analytical abilities will be assessed.