engleski

The Procedural Ius Commune as a Source of Contemporary Law: A Croatian Example in a European Context

The purpose of paper is to analyse the significance of the procedural ius commune in the contemporary Croatian legal system and the potential role of its rules in the Europeanization of national civil procedural law. First part of the paper prima facie briefly comments on the use of the procedural ius commune rules as an indirect source of law, particularly in the Croatian judicial practice. Subsequently, the paper explores the possibility of treating the procedural ius commune rules as a direct source of law in the contemporary Croatian legal system. The final part of the paper especially questions can a more intense application of those procedural ius commune rules that contain legal principles common to almost all European legal systems contribute to a further Europeanization of the contemporary Croatian civil procedural law.

ius commune, civil procedural law, Croatian legal system, Europeanization of law

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