LAW OF DISTRAINT:
Law of Distraint
Chair of Civil Procedural Law
Law of Distraint
Study: Civil Law - 9. semester
Commercial Law - 9. semester
Constitutional-Administrative - 9. semester
Criminal Law - 9. semester
International Law - 9. semester
The European Union Law - 9. semester
Code: 61273
ECTS: 4.0
Course coordinators: prof. dr. sc. Alan Uzelac
prof. dr. sc. Jasnica Garašić
izv. prof. dr. sc. Aleksandra Maganić
doc. dr. sc. Slađana Aras Kramar
Lecturers: doc. dr. sc. Marko Bratković - Lectures
Juraj Brozović , mag. iur. - Lectures
Exam dates:
  • 11. 11. 2019.
  • 27. 01. 2020.
  • 10. 02. 2020.
  • 20. 04. 2020.
  • 01. 06. 2020.
  • 15. 06. 2020.
  • 29. 06. 2020.
  • 31. 08. 2020.
  • 14. 09. 2020.
Exam registration: Studomat
Basic data
Law of Distraint Civil Law - 9. semester
Commercial Law - 9. semester
Constitutional-Administrative - 9. semester
Criminal Law - 9. semester
International Law - 9. semester
The European Union Law - 9. semester
4.0 61273
Lecturer in charge Consultations Location
prof. dr. sc. Alan Uzelac

Thursdays at 15.00h.

Trg Republike Hrvatske 3, room 19
prof. dr. sc. Jasnica Garašić Trg Republike Hrvatske 3, room 21
izv. prof. dr. sc. Aleksandra Maganić

Wednesdays, 8 a. m.

Trg Republike Hrvatske 3, room 20
doc. dr. sc. Slađana Aras Kramar

Wednesdays at 10 am

Trg Republike Hrvatske 3, room 23
Lecturer Consultations Location
doc. dr. sc. Marko Bratković (Lectures) Trg Republike Hrvatske 3, room 41 (IV. kat, u potkrovlju)
Juraj Brozović , mag. iur. (Lectures) Trg Republike Hrvatske 3, room 42/IV
Literature
M. Dika; Građansko ovršno pravo; Narodne novine (2007)
Ovršni zakon, Narodne novine, br. 112/12, 25/13, 93/14, 55/16;
Description
The subject deals with the subject matter of extra-judicial procedural law in the narrow sense and with the law of distraint (execution). As an introduction to the subjects, those two laws are conceptually determined, as well as their interrelation and their relation to procedural and bankruptcy law. The part on extra-judicial procedural la deals with the basic principles of that law, competence of courts, parties and participants, prejudicial issues, decisions, legal validity and execution, legal remedies, procedural costs and (crucial) special procedures, and the part on law of distraint deals with the basic principles of that law, subjects, bases for deciding on distraint, subject and means of the distraint, deciding and implementing distraints, legal remedies, special distraint procedures, insurance procedures.
Exam dates
11. 11. 2019.
27. 01. 2020.
10. 02. 2020.
20. 04. 2020.
01. 06. 2020.
15. 06. 2020.
29. 06. 2020.
31. 08. 2020.
14. 09. 2020.
Detailed data
Cognitive Skills:

Knowledge

After successfully completing the course, students will be able to:

- recognise grounds for determining distraint

- name participatnts in distress procedure and in individual non-contentious procedures

- define basic principles of the law of distraint

 

Understanding

- describe the course of distress procedure

- explain subjective and objective determinants of distraint and the differences between litigation and non-contentious procedure

- identify legal remedies and other means against distraint decision

- discuss various comparative models of distress procedure and collateral

- express the ratio of the regulation of mortgage and fiduciary collateral on the basis of the agreement of the parties

- recognise legal protective functions of promssory note and its evidential force

 

Application

- select and appropriately apply adequate legal norm to resolve legal matters that are being decided in non-contentious procedure

- use textbook and legal texts in working on concrete cases from court practice

 

Analysis

- distinguisj distraint on the basis of valid document from distraint on the basis of distraint document and the implementation of distraint in order to compensate remaining non-monetary obligations

- categorise individual legal remedies against the distraint decision on the basis of valid document and dostraint document

- analyse the effects of individual legal remedies on the rights and interested of involved legal subjects

 

 

Synthesis

- prepare distraint proposals on the basis of valid document and distraint document

- prepare drafts of acts issued by notaries public or courts in distraing procedures

 

Evaluation

- estimate adequacy of individual legally prescribed actions for achieving desired effects of legal protection

- compare older legislative solutions in the regulation of individual institutes with the recent ones

Practical and Generic Skills:

After successful mastering of the course, students will be able to

- justify their standpoints orally and in writing, and evaluate the arguments of persons with different standpoints

- find arguments for and against regulation of individual solutions

- approach a problem in an interdisciplinary manner and consider it from as many perspectives as possible

- communicate with the administrative and judicial bodies in an appropriate form

- create a legal approach to individual social problems and find adequate mechanisms of their solution

- critically evaluate legal solutions and their application in court practice and find better, more adequate solutions

- take responsibility for independent decision-making and conduct of procedure

- assess ethical dimensions of individual actions

Matching Assessments to Learning Outcomes:

The work of individual students is continuously monitored during the course, and in particular the poroficiency of the student to prepare an independent presentation on a previously determined topic. The student's skill of presenting in front of the colleagues and teachers and justification of their own points of view will also be evaluated. The final grade will be formed on the basis of an oral examination, which, in agreement with the student, can be replaced by a seminar paper written on the basis of conducted research and/or analysis of domestic and foreign litareture, and oral presentation and defense of the paper in a structured interview with the teacher. In this interview the student's knowledge and understanding of the relevant subject matter and their analytical abilities will be assessed.

Within the course, students are obliged to participate in a two-week practice in public notary office or at the court where they will acquire the skills of solving concrete cases by an appropriate application of law to the determined facts of the case, and they will prepare drafts of various briefs and documents.