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The paper deals with the analysis of the inquisition both as an institution and as a form of procedure. The introductory part of the paper analyses the Inqisitional procedure in relation with the three dominant procedural models, defining it as a special type of procedure within the Inquisitorial model. The second part of the paper examines the Inquisition as a historical phenomenon, dealing with the evolution and changes within the Inquisition from the very beginnings and the Episcopal Inquisition to the ultimate, Roman Inquisition, whereas it analyses relevant events, documents and people. The main part of the paper deals with the analysis of the Inquisitional procedures, selecting the procedures before the Episcopal, Papal, Spanish and Roman Inquisition and the Inquisitional witch-trials, which represent a specific procedure within the Inquisition. This part will try to explain the evolution of the procedural rules and present a comparative reflection on them. Before the paper summarises the importance of the Inquisitional procedure for the contemporary law, it presents the analysis of the Inquisition scene from Umberto Eco's novel The Name of the Rose in order to present how the Inquisition functioned in practice. [ABSTRACT FROM AUTHOR]

This paper is an attempt to give a general overview of the institute "ordinary" intervenor in a lawsuit by presenting theoretical guidelines as well as a number of cases from court practice. After the introduction, the issue of (not) having a legal interest is discussed plus other preconditions that must be fulfilled in order that a third person could intervene in the litigation. The legal status of an "ordinary" intervenor in the lawsuit is discussed as well. The issue of giving a statement for the participation in the litigation is also mentioned and related to that the (not) making of a specific decision about intervention is analyzed. The actions that "ordinary" intervenor is/is not authorized to take and the effect of these actions on the party he joined are also examined. The third part of the paper is dedicated to the specific question of the procedural effect on the intervener, the so-called intervention effect and the importance it has in practice. Furthermore the question of subjective and objective limits of the above mentioned effect is discussed. This paper also presents and briefly analyzes other legal texts in which the institute "ordinary" intervenor plays a significant role. Finally, the most controversial issue of the defrayment of expenses the "ordinary" intervenor has is analyzed, based on the principles of causa and culpa. [ABSTRACT FROM AUTHOR]

Mediation is one of the alternative ways to resolve a dispute. Due to the overburdening of the judicial apparatus, a practical and theoretical interest in mediation has recently been increased. The author of this paper deals with the legal regulation of mediation in the legal order of the Republic of Croatia. The paper begins with a general definition of mediation, which is followed by the interpretation of features of mediation. The author further emphasizes formal sources of law on mediation regarding the levels of formation and the importance of certain legal acts. Then he presents the earlier legal regulation of mediation as a prelude to a thorough review and evaluation of the «new» and currently binding legal rules from the Mediation Act, and partly from the Civil Procedure Act. The author compares rules of the «new» regulation with earlier and external solutions. Thereat he explains the causes which gave the impetus for the «new» legal regulation and then estimates the influence of regulation on the development of the institution of mediation. [ABSTRACT FROM AUTHOR]

The purpose of this paper is to present the course of criminal proceedings in Hungary and the continantal part of Croatia at the end of the 16th and beginning of the 17th century. Author focuses on the specific historical context which surrounds the legal procedure and reveals its medieval origin. Most of the procedural forms were based on customary law while there was no idea of state sovereignity and its legislative power. Procedure was slow and ineffective and criminal prosecution always started with a private action because there was no public interest in prosecuting the criminal offences. Modernization, introduced by Habsburg monarchs at the beginning of the 16th century, which tried to install the concept of public criminal prosecution, was strongly opposed by Hungarian and Croatian nobility deeply rooted in their ancestral freedoms and privileges. This paper is based on ,,Directio methodica", a book by Ivan Kitonić, who was one of the leading experts of his time on legal procedure. ,,Directio methodica" was first published in 1619. and it was intended to serve as a guide-book for parties without any legal education. [ABSTRACT FROM AUTHOR]

The purpose of this paper is to describe the ways and means by which children of age can exercise their right to maintenance, when all the legal presumptions are fulfilled. At the beginning, the author describes the concept, main principles, and social meaning of the legal institution of maintenance. Afterwards, the legal sources that courts and other bodies or institutions use when deciding upon maintenance, are mentioned. Since the main subject of this work is the maintenance of grown up children, which is a special kind of maintenance, author's first goal has been to explain all the main characteristics of the general institution of maintenance. As a result, further explanation of maintenance of children of age is easier to understand. In the former part of the paper, the author argues special characteristics of the legal nature of maintenance, which are applicable to all kinds of maintenance. Further on, different sorts of child support are described. The latter part of the work is dedicated only to the specific subject of maintenance of children that are of age (grown-up children). Here, the author explains the legal presumptions for this kind of maintenance, and the procedures used when deciding upon the realization of maintenance of children that are of age. Furthermore, the author explains the cases in which this specific maintenance ends, and the means of child protection in the legal procedures that concern them. In this part, there is also brief presentation based on court practice. At the end of the paper, there are several court cases that deal with this topic with short comments. [ABSTRACT FROM AUTHOR]

The paper will analyze the roles and the importance of sycophants, synegors an logographs in an Athenian judicial proceeding, with the intention of describing thes in a democratic climate of the polls that was prevalent in times of a slightly decadent democracy where demos had a strong, but a tragicomic role too, resembling Aristophanes' characters, not only of a righteous man and a tattletale, but of a legal scholar and a non-intrusive taciturn man as well. These represent the features of those who judge but also of those who are parties to the proceedings or participants in any other way. The possibility of everyone suing those who are detrimental to the polls and, in certa cases, receiving compensation, had turned out to be a negative phenomenon, which is referred to in the most negative sense. However, it should be pointed out that the poll had both known and applied the mechanisms of legal protection that were to preven sycophancy by not interfering with the citizen's rights to continue suing according to their knowledge and conscience. In addition to the sycophant's role, the role of synegors and logographs is interesting as well. Although these were described mostly as the originators of advocacy, we hold a different opinion. Namely, most frequently the synegors ar not considered to be legal scholars so it seems more appropriate to assign this meaning to logographs who did not participate in judicial proceedings in person. [ABSTRACT FROM AUTHOR]

Vinodol Statute is the oldest legal document written in Croatian language. The aim of the paper is to point out the particularity of criminal procedure by Vinodol Statute, which is in its principles and provisions quite different from the coexisting documents on Croatian territory. The author gives an insight into the principles and basic remarks on the course of criminal procedure and its participants, especially referring to starting of criminal procedure, subjects, means of evidence and reaching a judgment. The main idea is that the Vinodol Statute is fairly more advanced than its contemporaries, even though it does not follow the inertia of the early middle Ages, as its provisions protect fundamental rights of the accused and give significant status to women. We find ignorance of torture in the evidence procedure to be the central value of the Statute. [ABSTRACT FROM AUTHOR]

This work has endeavored to present the development of a specific problem of punishment and its essential theoretical explanations through the rise of classical philosophical thought of western civilization. In the period from Socrates through 18th century, the idea of punishment was defined through all its aspects. Also, at the beginning of the exposition, it was necessary to give the broad sense of particular terms as parts of the subject of self-conscious man. The second part of the paper focuses on the constructed systems of Kant and Hegel, consisting of the most basic facts and elements of modern punishment such as: guilt, individualization, subjective and objective elements of a punishable deed of equal importance, the principle of the rule of law, moderateness and restriction in the very procedure of the execution of punishment etc. In conclusion, the author deals with establishment of indisputable criteria within the absolute categories of morals and justice as the greatest achievements of European philosophy and its most famous thinkers. [ABSTRACT FROM AUTHOR]