|Civil Procedural Law - practice||
Law - 7. semester
|Lecturer in charge||Consultations||Location|
|prof. dr. sc. Alan Uzelac||
Thursdays at 15.00h.
|Trg Republike Hrvatske 3, room 19|
|prof. dr. sc. Jasnica Garašić||Trg Republike Hrvatske 3, room 21|
|izv. prof. dr. sc. Aleksandra Maganić||
Wednesdays, 8 a. m.
|Trg Republike Hrvatske 3, room 20|
|izv. prof. dr. sc. Slađana Aras Kramar||
Wednesdays at 10 am
|Trg Republike Hrvatske 3, room 23|
|doc. dr. sc. Marko Bratković||Trg Republike Hrvatske 3, room 41 (IV. kat, u potkrovlju)|
|Juraj Brozović , mag. iur. (Exercises)||Trg Republike Hrvatske 3, room 42/IV|
|Građansko parnično procesno pravo;|
|Zakon o parničnom postupku, "Službeni list", broj 4/77, 36/77, 6/80, 36/80, 43/82, 69/82, 58/84, 74/87, 57/89, 20/90, 27/90, "Narodne novine", broj 35/91, 53/91, 91/92, 112/99, 88/01 - čl. 50. Zakon o arbitraži, 117/03, 84/08, 123/08, 57/11, 148/11, 25/13, 43/13 - Rješenje USRH i 89/14 - OUSRH);|
|Practice in civil procedure law concentrates on practical application of Croatian civil procedure rules. Mentored students gain skills which help them solve concrete legal issues by applying the correct legal norm on concrete facts of the case and create drafts of different submissions (claim, complaint) and court decisions (judgments and other decisions).|
| Cognitive Skills:
After successfully completing the course, students will be able to:
- recognise prerequisites of the admissibility of court litigation and prerequisites for making a court decision
- name the subjects of litigation
- define forms of protection of subjective civil rights and individual litigation actions of the court and parties
- describe the course of litigation and activities of procedural subjects in litigation
- explain party and litigation capacity of parties and forms of representation in litigation
- identify sources of Croatian civil procedural law
- discuss various theoretical and comparative litigation models and individual resolutions made by Croatian legislators
- express the ration of the existence of individual procedural institutes abd their role in procedural systematisation
- recognise basic principles of procedural law in individual legal regulations
- illustrate basic principles of procedural law by examples from legislative and court practice
- select and adequately apply an appropriate legal norm in order to resolve a certain procedural problem
- use the textbook and legal texts in the work on concrete examples from court practice
- distinguish civil from civil procedural law, litigation from non-contentious procedures, regular litigation from special litigation and litigation from other (alternative) dispute resolution forms
- separate points of fact from points of law in litigation and in individual parts of the lawsuit, decision and regular and extraordinary legal remedies
- resolve a concrete legal case by an adequate application of law to the determined points of facts
- analyse effects of individual legal resolutions on the rights and interests of involved legal subjects
- prepare applications of parties in litigation
- formulate a declaratory, condemning and constitutive clain and adequate rulings
- prepare drafts of various types of court decisions
- assess the adequacy of individual legally permissible actions for reaching the desired legal protection effects
- estimate to which extent is the court practice consistent in the application of individual legal solutions
- compare older legislative solutions in the regulation of individual procedural institutes with the newer ones
- evaluate the effects of newer legislative solutions for the efficiency of providing legal protectionPractical and Generic Skills:
After successful mastering of the course, students will be able to
- justify their standpoints orally and in writing, and evaluate the arguments of persons with different standpoints
- find arguments for and against regulation of individual solutions
- approach a problem in an interdisciplinary manner and consider it from as many perspectives as possible
- communicate with the administrative and judicial bodies in an appropriate form
- create a legal approach to individual social problems and find adequate mechanisms of their solution
- critically evaluate legal solutions and their application in court practice and find better, more adequate solutions
- take responsibility for independent decision-making and conduct of procedure
- assess ethical dimensions of individual actionsMatching Assessments to Learning Outcomes:
Knowledge of every student is tested in writing and orally. Written examination consists of two parts - a written test with offered answers of factuall type and an essay on one of three proposed topics. The student who earns a sufficient number of points in the written examination (18 out of 30 points) has the right to take oral examination.
A part of questions is focused on testing the accuracy of reproduction (for example, to recognise a competent body, name certain forms of litigation actions of the court and parties, recognise basic principles of procedural law in individual legal regulations), and another part are problem tasks focused on testing understanding and applicability of knowledge.
In grading the essay the student's general and legal literacy and the ability of logical structuring of the text is taken into consideration. The essay requires the analysis of features or facts connected to certain procedural institutes and is focused on testing the student's analytical ability and observing patterns. One of proposed topics is always casus that the students have to resolve by an adequate application of legal rules.
In the oral examination the understanding of the subject matter is tested, as well as the student's ability to analyse the effects of individual legal solutions on the rights and interests of the involved legal subjects and to discuss different theoretical and comparative litigation models and individual Croatian legislative solutions.
Within the seminar students are obliged to participate in two-week practice at the municipal or commercial court, in the office of the attorney or public notary, whereby they gain skills of critical evaluation of individfual legal solutions and assessment to which extent is court practice consistent in the application of individual legal solutions. The students who attend seminar under the supervision of their mentors from practice gain skills of resolving cocrete legal cases by an adequate application of law and of preparing various types of applications and court decisions. The skills gained are tested by a written seminar paper that is connected to a practical case selected by the student. The purpose of the student's presentation of the paper is to gain public presentation skills and reasonably justifiy their standpoints.
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