Naslov
Application of algorithmic procedure for division of assets - challenges for digital transformation of Croatian private law

Autori
Josipović, Tatjana ; Kanceljak, Ivana

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni

Knjiga
The European Comon Ground of Available Rights

Urednik/ci
Martuccelli, Silvio ; Romeo, Francesco, Giacalone, Marco

Izdavač
Editoriale Scientifica

Grad
Napulj

Godina
2020

Raspon stranica
161-193

ISBN
978-88-9391-626-4

Ključne riječi
division of assets , algorithms , ownership, inheritance

Sažetak
In this article, the authors discuss the scope of application of algorithms in the procedures for the division of assets, taking into account all the peculiarities of co-ownership and joint ownership that exist in Croatian private law. The paper firstly explains the existence of alternative methods of dispute resolution in the framework of which algorithms can potentially be of use. The latest amendments to the Civil Procedure Code also pave the way for such a way of resolving disputes. However, in addition to procedural norms, it is necessary to take into account the norms of substantive law. The paper focuses on different mandatory provisions which may have a restrictive effect on the application of the algorithms in the dissolution procedure. Nevertheless, the paper emphasizes the advantages of using algorithms in these procedures as well as the assumptions that must be met in order for the algorithm to actually be applied. The creation and as well the concept and nature of the algorithm depends on the idea of fairness understood by the code writer.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA