The meaning and application of the principles of litigation in the process of exercising the rights of business entities Cover Image

Značenje i primjena načela parničnog postupka u procesu ostvarivanja prava gospodarskih subjekta
The meaning and application of the principles of litigation in the process of exercising the rights of business entities

Author(s): Ivana Soldić
Subject(s): Civil Law, Civil Society, Economic policy, Law on Economics
Published by: Matica hrvatska Mostar
Keywords: Principles of civil procedure; dispute on economic issues; purpose of the principles of civil procedure;

Summary/Abstract: The purpose of Civil Procedure Act is to establish strict procedural rules for accomplishing ones lawful rights. The principles of civil procedure are ensuring the frame and logic in applying every other procedural rules. Economic entities have their own specifics compared to the citizens to whom the same law applies. Understanding the specifics of economic entities ensures the interpretation of procedural principles in accordance with the real needs and capabilities of economic entities, in order for judicial protection to fulfill its purpose. Commercial disputes are property disputes, even when lawsuits are based on other claims. They are always focused on protecting property, present or future. Therefore, the focus of procedural principles in economic disputes is on the legality and economy of the procedure, on the disposition of the parties, and conscientiousness in the use of procedural rights. The way economic entities function is evolving faster than court procedures, so it is necessary to ensure that legal solutions follow the development of entities and their rights as much as possible, because that is the purpose of procedures. In this sense, it is necessary to develop cooperation and understanding between economic entities, courts and the legislature.

  • Issue Year: 2022
  • Issue No: 123-124
  • Page Range: 81-103
  • Page Count: 23
  • Language: Croatian