Naslov
Court settlement as a way of dispute resolution and the principle of judicial efficiency

Autori
Harašić, Žaklina ; Keršić, Marin

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

Izvornik
Book of Proceedings - Economic and Social Development / Cingula, Marijan ; Rhein, Douglas ; Machrafi, Mustapha - Split : VADEA, 2018, 544-551

Skup
31st International Scientific Conference on Economic and Social Development: "Legal Challenges of Modern World"

Mjesto i datum
Split, Hrvatska, 07.06.2018. - 08.06.2018

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
alternative dispute resolution ; court settlement ; effectiveness ; legal certainty ; principle of judicial efficiency

Sažetak
A court settlement is a manifestation of state compulsion, according to which parties are not permitted to resolve disputes between them by themselves but this can and shall be done solely by the state or in this case, court as a governmental body. Parties can enter into an out- of-court settlement to resolve disputes between them, but only within a framework set forth by the state. A court or out-of-court settlement appears as a tool only in modern states which centralize the political power, keeping it away from other parties. One of the basic effects of a court settlement is effectiveness. Effectiveness is an instrument aimed at realizing a specific legal value – legal certainty. Furthermore, a court settlement is intended for the accomplishment of another legal goal – peace. While being an alternative to the mediation procedure itself, a court settlement is primarily an alternative way of dispute resolution. A court settlement (res judicaliter transacta) is based on an agreement that regulates the civil-law relations between the parties, implies the effects of an effective judgment and is concluded before the competent court in writing in either contentious or non- contentious proceedings. Due to the fact that a court settlement entails the effects of an effective court decision, it can be subject to some principles of ordinary court proceedings. However, one principle can be applied in its full scope – the principle of judicial efficiency. It requires from court proceedings to be as cost- effective and short as possible. If a court settlement is concluded prior to the initiation of ordinary court proceeding and the latter is thus prevented, it will come to the greatest possible cost- and time-saving. If the proceeding is initiated, but a court settlement is reached in the meanwhile, the costs and course of the proceedings will be reduced to a certain level. The paper has the following structure: after a brief introduction elaborating the concept, legal nature and scope of a court settlement, the main part analyses its effects, putting the emphasis both on effectiveness as an instrument for ensuring legal certainty and peace, and on the principle of judicial efficiency as a top priority principle incorporated in the court settlement concept.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA