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Del decreto nel procedimento contenzioso

Authors
Publisher
Faculty of Law University of Rijeka
Publication Date
Keywords
  • Rješenje
  • Parnični Postupak
  • Ruling
  • Civil Proceedings.
  • Beschluss
  • Prozessverfahren
  • Decreto
  • Procedimento Contenzioso.
Disciplines
  • Law

Abstract

In the article efforts have been made to analyse in details the institute of ruling as a type of decisions rendered in Croatian civil proceedings. The first part of the article is dedicated to the definition of notion, types and legal protective function as well as of categories of decisions including the possibility to subordinately apply the rules governing judgment bearing in mind the need to distinguish between so called procedural solutions based on the merits and "pure” procedural solutions. The second part of the article consists of explanations regarding the specificity of rendering these decisions and their contents, forms and effects paying a special attention to acquisition of the authority of a final decision and to their other effects. It is necessary to keep in mind that some of these decisions cannot have effects out of the proceedings, that is, the fact that such decisions are not mandatory for the court. The final remarks de lege ferenda emphasise the need to regulate the institute of ruling in more complete and more specific manner eventually applying certain suggestions which are presented in this article.

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