Naslov
The European and Croatian small claims procedure and appertaining legal principles

Autori
Harašić, Žaklina ; Keršić, Marin

Vrsta, podvrsta i kategorija rada
Radovi u zbornicima skupova, cjeloviti rad (in extenso), ostalo

Izvornik
Economic and Social Development 31st International Scientific Conference on Economic and Social Development - “Legal Challenges of Modern World” Book of Proceedings / Radic, Z. ; Roncevic, A. ; Yongquiang, L. - Split, 2017, 118-129

Skup
Economic and Social Development 31th International Scinetific Conference on Economic and Social Development - "Legal Challenges of Modernd World"

Mjesto i datum
Split, Hrvatska, 29.06.2017. - 30.06.2017

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
Croatian procedure, European procedure, legal principles, small claims litigation

Sažetak
This paper deals with the small claims procedure at EU level and at the level of the Republic of Croatia, viewed through the prism of principles and the extent to which these principles are implemented in respective cases. The small claims procedure refers to matters in which the value of the claim does not exceed a certain amount prescribed by the procedural rules of a country or by the bilateral treaties of the countries concerned – which is the case with the European small claims procedure. Since the rules for small claims litigation result from a compromise between the de minimis non curat praetor principle and the requirement that the parties shall be granted legal protection of their rights, the appertaining action is brought where the value of the claim is small, and is subject simplified procedural rules, which can reduce the quality of legal protection. Structurally, the paper begins with an overview of the European small claims procedure introduced by Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure, but it also makes special reference to Regulation (EU) 2015/2421 of the European Parliament and of the Council of 16 December 2015 amending Regulation (EC) No 861/2007. After presenting the European small claims procedure, the paper depicts how Croatian law handles this issue, which is regulated by the Civil Procedure Act. After making observations to the two procedures, the paper attempts to answer the question to which degree the following principles are implemented thereby: first, the principle of judicial efficiency as the fundamental principle in small claims litigation ; second, the right to be heard principle ; third, the principle of immediacy ; fourth, the principle of orality and literacy and fifth, the principle of providing assistance to ignorant (illiterate) parties. Based on the answer to this question, the author draws some conclusions with respect to small claims litigation within Croatian law.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA