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
Literatura
OBVEZNA LITERATURA
Damaška, M.; Faces of Justice and State Authority; Yale
PREPORUČENA LITERATURA
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
Ishodi učenja
Analyze three legal traditions: common law, continental law, socialist law
-
DOPRINOSI OSTVARENJU ISHODA UČENJA NA RAZINI STUDIJSKOG PROGRAMA
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. -
KOGNITIVNO PODRUČJE ZNANJA I RAZUMIJEVANJA
Analysis
-
VJEŠTINE
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. -
SADRŽAJ UČENJA
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 -
NASTAVNE METODE
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
-
DOPRINOSI OSTVARENJU ISHODA UČENJA NA RAZINI STUDIJSKOG PROGRAMA
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. -
KOGNITIVNO PODRUČJE ZNANJA I RAZUMIJEVANJA
Evaluation
-
VJEŠTINE
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. -
SADRŽAJ UČENJA
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 -
NASTAVNE METODE
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
-
DOPRINOSI OSTVARENJU ISHODA UČENJA NA RAZINI STUDIJSKOG PROGRAMA
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. -
KOGNITIVNO PODRUČJE ZNANJA I RAZUMIJEVANJA
Understanding
-
VJEŠTINE
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. -
SADRŽAJ UČENJA
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 -
NASTAVNE METODE
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
-
DOPRINOSI OSTVARENJU ISHODA UČENJA NA RAZINI STUDIJSKOG PROGRAMA
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. -
KOGNITIVNO PODRUČJE ZNANJA I RAZUMIJEVANJA
Synthesis/Creating.
-
VJEŠTINE
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. -
SADRŽAJ UČENJA
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 -
NASTAVNE METODE
Lecture, guided discussion, analysis of a practical problem, student
debate, independent reading and encouraging / engaging students to
participate in discussions.
