SVIBOR - Project code: 5-03-024

MINISTRY OF SCIENCE AND TECHNOLOGY

Strossmayerov trg 4, HR - 10000 ZAGREB
tel.: +385 1 459 44 44, fax: +385 1 459 44 69
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Project code: 5-03-024


Towards to Transition of the Croatian Civil Law


Main researcher: GAVELLA, NIKOLA (13206)


Assistants
Type of research: applied
Duration from: 01/01/91. to 12/31/94.
Papers on project (total): 138
Papers on project quoted in Current Contents: 13
Institution name: Pravni fakultet, Zagreb (66)
Department/Institute: Institute of Civil Law Science and Family Law
Address: Trg maršala Tita 3
City: 10000 - Zagreb, Croatia
Communication
Phone: 385 (0)42-92-22
Fax: 385 (0) 42-95-65
Summary: The aim of the research is to define the relations of the existing Croatian civil law (private law) system to the civil-law systems of continental Europe. Up to now, no systematic comparative research has been carried out on that topic in our country or anywhere else in the world. In order for the guidelines for further development to be defined, it was necessary to establish whether and in what ways our civil-law system diverges from those of continental Europe, particulary from the Middle European standards. Besides, the influence determining the nature of our legal system had to be established. The starting hypotesis of this research was that the Croatain legal system, largely by virtue of its civil-law (private-law) system, had originaly belonged to this group of Continental European (Roman-Germanic) laws, in particular, to the subgroup of Middle European laws. Latterly it abandoned this group, joining the family of socialist laws. Nowdays, however, there is a new inclination towards the continental European law circle. The research has confirmed the starting hypotesis. It has also established the extent to which the civil-law system in Croatia during the period when it belong among the group of socialist systems, diverged from what could be called a continental standard. In particular, it has been concentrating on both the general aspect of this divergence and individual legal areas such as family law, property law, law of inheritance, law of obligations, land register law, copyright, and intenrational private law. This research has also shown that during its socialist period, the Croatian civil law (private law) system was removed from central position in the legal system, where it characteristically belongs in the legal system of continental Europe. Taking this into consideration, the researchers have elaborated an optimal strategy for the reintergration of Croatian civil law system into the group of continental- European.This strategy implies, above all, the elimination of the basic socialist features from the civil law system, as well as the introduction of continental European, particulary Middle European elements. At the same time, this new civil law system must resume its central role within the Croatian legal system. The suggested strategy for reintregration would be applicable to the entire legal system of Croatia and as such would also have certain social and culutural implications.

Keywords: civil law, private law, family law, law of property, law of inheritance, law of obligations, land register law, international private law, comparative law, copyright, Continental-European law circle, socialist law circle, comparative law, roman and germanic law, legal system, Civil Code

Research goals: The aim of the research was to explore the relation of theexisting Croatian civil law system and the correspondingcivil-law systems of other European conutries, particularly thoseof continental Eurore, and to establish the degree ofcompatibility of the former with the latter. At the same time,the research aims at establishing how the civil law systeminfulenced the character of the legal system to which it belongs.The correct understanding and evaluation of the present state isseen ad the prerequisite for suggesting the right legal and otherstrategies to carry out the necessary adaptation of the Croatiancivil law system on its way towards reintegration intocontinental European systems. Unless a sufficient degree ofcompatibility of civil law systems is reached in areas such asprivate, family and economic life, hardly any kind of cooperationis imaginable. This compatiblity is inevitable for economic orany other cooperation and especially for a possible intregrationof the European level, including a closer regional cooperation.As this kind of reserarch has not yet been done in Croatia, thepresent project is meant to provide the necessary scientificbasis for future social development leading towards Croatia'sintregation into Europe. In the future, the results of thisresearch can be used as guidelines for controlling theapplication of the newly-established Croatian civil law system.Such guidelines will prove unwanted clashes of our civil law withthose of other European contruies, especially in cases where suchclashes are used by the inertia of the jurisprudence. Thepresent research is thus meant to provide a scientific basis forindetifying possible future deformations and suggest somenecessary measures to overcome them.

COOPERATION - PROJECTS


  1. Name of project: 5-03-024 Prilagodba građanskopravnog uređenja Hrvatske europskima
    Name of institution: Pravni fakultet u Zagrebu
    City: 10000 - Zagreb, Croatia

COOPERATION - INSTITUTIONS


  1. Name of institution: Karl-Heinzes Universitaet Graz
    Type of institution: University/Faculty
    Type of cooperation: Joint project
    City: Graz, Austrija

  2. Name of institution: Institu fuer Rechtsvergleichung, Universitaet Wien
    Type of institution: University/Faculty
    Type of cooperation: Systematic exchange of information
    City: Wien, Austrija

  3. Name of institution: FOWI, Wien
    Type of institution: University/Faculty
    Type of cooperation: Joint publishing of scientific papers
    City: Wien, Austrija

  4. Name of institution: Max Planck Institut fuer Patent- und Urheberrecht, Muenchen
    Type of institution: State institute
    Type of cooperation: Occasional exchange of experts
    City: Muenchen, Njemačka

OTHER ACHIEVEMENTS


  1. Name: x
    Type of achievement: Other
Other information about the project.
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