Civil Laws at Croatia
Croatia has a civil law legal system, which is primarily based on written laws, statutes, and codes — a structure inherited from its historical ties to continental European (primarily Austro-Hungarian and socialist Yugoslav) legal traditions. Here's an overview of civil law in Croatia:
⚖️ Sources of Civil Law in Croatia
Constitution of the Republic of Croatia – Supreme legal document.
Civil Obligations Act (Zakon o obveznim odnosima) – Core legislation for contracts, torts, liability, and other private law matters.
Family Act – Regulates marriage, child custody, adoption, and family rights.
Ownership and Other Real Rights Act – Governs property and real estate rights.
Land Registry Act – Manages the registration and legal status of real estate.
Inheritance Act – Covers succession and inheritance.
Civil Procedure Act – Governs how civil cases are processed in court.
Enforcement Act – Covers enforcement of civil court decisions.
Non-contentious Procedure Act – Regulates non-adversarial matters (e.g., name changes, guardianship).
Obligations Relations with International Elements – For cross-border cases and private international law.
🏛️ Civil Law System Characteristics
Codified: Law is primarily found in codes and statutes, not case law.
Judicial Role: Judges interpret and apply laws but do not create binding precedents.
Legal Certainty: Emphasis on legal certainty, predictability, and uniform application of law.
📂 Common Civil Law Areas
Contract Law – Formation, validity, breach, and enforcement of agreements.
Tort Law – Compensation for damage or harm caused by others.
Property Law – Ownership rights, leasing, mortgages, and real estate.
Family Law – Marital and parental rights, child support, divorce.
Succession Law – Wills, intestate succession, and probate.
Consumer Protection – Rights of consumers in transactions.
🏢 Courts Dealing with Civil Matters
Municipal Courts (Općinski sudovi) – First instance for most civil matters.
County Courts (Županijski sudovi) – Handle appeals and some higher-value civil cases.
Commercial Courts – Deal with disputes involving businesses.
High Commercial Court & Supreme Court – Handle appeals and unify legal interpretation.
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