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
Comparative Civil Procedure
Comparative Civil Procedure
Literature
MANDATORY LITERATURE
Damaška, M.; Faces of Justice and State Authority; Yale
RECOMMENDED LITERATURE
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
Learning outcomes
Analyze three legal traditions: common law, continental law, socialist law
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CONTRIBUTES TO THE ACHIEVEMENT OF LEARNING OUTCOMES AT THE LEVEL OF THE STUDY PROGRAM
Identify historical, political, economic, European, international or other
social factors relevant to the creation and application of law.
Evaluate legal institutes and principles in their development and in
relation to the modern legal system. -
COGNITIVE AREA OF KNOWLEDGE AND UNDERSTANDING
Analysis
-
SKILLS
Information management skills, ability to learn, ability to apply knowledge
in practice, understanding of facts, concepts, procedures and principles
important for the field of work, analysis and evaluation of facts for
application in practice. -
LEARNING CONTENT
Possible teaching units:
1. Merryman, The Civil Law Tradition
2. van Caenegem, Judges, Legislators, Professors
3. Gidi, Introduction to the Principles and Rules of
Transnational Civil Procedure
4. Hellwig, The Legal Profession in Europe
5. Uzelac, Goals of Civil Procedure
6. Galič, Goals of Procedure and preclusions
7. Mańko, Europeanisation of civil procedure -
TEACHING METHODS
Lecture, guided discussion, analysis of a practical problem, student
debate, independent reading and encouraging / engaging students to
participate in discussions.
Critically evaluate the role of certain legal professions in modern age
-
CONTRIBUTES TO THE ACHIEVEMENT OF LEARNING OUTCOMES AT THE LEVEL OF THE STUDY PROGRAM
Identify historical, political, economic, European, international or other
social factors relevant to the creation and application of law.
Evaluate legal institutes and principles in their development and in
relation to the modern legal system.
Analyze various aspects of the legal system of the Republic of Croatia,
including a comparative perspective. -
COGNITIVE AREA OF KNOWLEDGE AND UNDERSTANDING
Evaluation
-
SKILLS
Information management skills, ability to apply knowledge in practice,
understanding of facts, concepts, procedures and principles important for
the field of work, analysis and evaluation of facts for application in practice,
research skills. -
LEARNING CONTENT
Possible teaching units:
1. Merryman, The Civil Law Tradition
2. van Caenegem, Judges, Legislators, Professors
3. Gidi, Introduction to the Principles and Rules of Transnational Civil
Procedure
4. Hellwig, The Legal Profession in Europe
5. Uzelac, Goals of Civil Procedure
6. Galič, Goals of Procedure and preclusions
7. Mańko, Europeanisation of civil procedure -
TEACHING METHODS
Lecture, guided discussion, analysis of a practical problem, student
debate, independent reading and encouraging / engaging students to
participate in discussions.
Distinguish possible (social) goals of civil proceedings
-
CONTRIBUTES TO THE ACHIEVEMENT OF LEARNING OUTCOMES AT THE LEVEL OF THE STUDY PROGRAM
Identify historical, political, economic, European, international or other
social factors relevant to the creation and application of law.
Evaluate legal institutes and principles in their development and in
relation to the modern legal system
Analyze various aspects of the legal system of the Republic of Croatia,
including a comparative perspective. -
COGNITIVE AREA OF KNOWLEDGE AND UNDERSTANDING
Understanding
-
SKILLS
Information management skills, ability to apply knowledge in practice,
understanding of facts, concepts, procedures and principles important for
the field of work, analysis and evaluation of facts for application in practice,
research skills. -
LEARNING CONTENT
Possible teaching units:
1. Merryman, The Civil Law Tradition
2. van Caenegem, Judges, Legislators, Professors
3. Gidi, Introduction to the Principles and Rules of Transnational Civil
Procedure
4. Hellwig, The Legal Profession in Europe
5. Uzelac, Goals of Civil Procedure
6. Galič, Goals of Procedure and preclusions
7. Mańko, Europeanisation of civil procedure -
TEACHING METHODS
Lecture, guided discussion, analysis of a practical problem, student
debate, independent reading and encouraging / engaging students to
participate in discussions.
Write an essay on a topic of student’s choice in the field of the course
-
CONTRIBUTES TO THE ACHIEVEMENT OF LEARNING OUTCOMES AT THE LEVEL OF THE STUDY PROGRAM
Identify historical, political, economic, European, international or other
social factors relevant to the creation and application of law.
Evaluate legal institutes and principles in their development and in
relation to the modern legal system.
Analyze various aspects of the legal system of the Republic of Croatia,
including a comparative perspective. -
COGNITIVE AREA OF KNOWLEDGE AND UNDERSTANDING
Synthesis/Creating.
-
SKILLS
Information management skills, ability to apply knowledge in practice,
understanding of facts, concepts, procedures and principles important for
the field of work, analysis and evaluation of facts for application in practice,
research skills. -
LEARNING CONTENT
Possible teaching units:
1. Merryman, The Civil Law Tradition
2. van Caenegem, Judges, Legislators, Professors
3. Gidi, Introduction to the Principles and Rules of Transnational Civil
Procedure
4. Hellwig, The Legal Profession in Europe
5. Uzelac, Goals of Civil Procedure
6. Galič, Goals of Procedure and preclusions
7. Mańko, Europeanisation of civil procedure -
TEACHING METHODS
Lecture, guided discussion, analysis of a practical problem, student
debate, independent reading and encouraging / engaging students to
participate in discussions.