Commentary of the Association on the proposed amendments of the Civil Procedure Act

Commentary of the Association on the proposed amendments of the Civil Procedure Act
In accordance with open public debate Croatian Association of Women in the Legal Profession have drafted and submitted to the Ministry of Justice commentary on the proposal of amendments to the Civil Procedure Act.
The first comment is related to the proposal of the Ministry of Justice to introduce the term “court break” in calculation of deadlines between 1st August and 15th August. Opinion of the Association is that introduction of that term would cause unjustified differences in the duration of deadlines. Furthermore, it would also cause substantial legal uncertainty with regard to laws that are providing alternative application of the Civil Procedure Act when it comes to calculating the deadline.
The second comment relates to the amendment of Article 154 on the litigation costs. Opinion of the Association is that this provision is vague and confusing and that her meaning is not visible. The proposed method of calculating the costs will unjustifiably deny the right of compensation of costs for the party that succeeded in large part of the dispute.
Regarding the amendment of Article 186d which regulates conciliation procedure, the opinion of the Association is that the proposed text is incomplete and vague. The text does not say what happens in a situation where the parties do not comply with a court decision which orders them to start the conciliation procedure within eight days. It is unclear which rules regulate initiating and conducting the conciliation procedure and what is the value of settlement concluded in front of the mediator, if it is not signed by a judge.
The fourth comment relates to amendment of Article 186g which regulates the right of parties to seek stop of the proceedings in order to try the peaceful way of the dispute resolution. Adopting the provision which regulates that in case when none of the parties in a time period of 15 days request continuation of the proceedings presumption will be that the claim was withdrawn, will be certainly a disincentive for parties, particularly for the prosecutors, to start the conciliation procedure.
Fifth comment applies to the new paragraphs of Article 299 that regulates proposing of new facts and new evidences. They are unjustly denying the right of parties to give observations about the matterin dispute during the entire proceedings.
Regarding the amendment of Article 335, under the title of “Adoption, publication, writing and delivery of the judgment,” the opinion of the Association is that the new proposed amendments to the provisions remained unclear and incomplete.
Seventh comment refers to the amendment of Article 354, paragraph 2 (11) that regulates substantial violation of civil procedure rules. In the proposal of a new text there have been excluded cases when the judgment has no reasons at all as well as the cases when the reasons in judgement for the decisive facts are unclear and contradictory.
Regarding the amendment of Article 382 that regulates regular revision, the opinion of the Association is that abolition of the regular revision as an extraordinary legal remedy limits the right of parties that Croatian Supreme Court, as the highest court, controls the legality of court decisions.
Ninth comment is related to the amendment of the Civil Procedure Act with the new Article 495b with title “Remedies and the effects of the judgment”. The Association considers this provision particularly aggravating for small traders and artisans on whom the enforcement will be carried out before the judgment is final.

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