Search

Copyright of Collected Papers of the Law Faculty of the University of Rijeka / Zbornik Pravnog Fakulteta Sveučilišta u Rijeci is the property of Pravni fakultet Sveucilista u Rijeci and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The action by stages was introduced into the Croatian civil procedure law by the 2003 Law on Amendments to the Civil Procedure Act, with the aim of increasing the general quality and ef)ficiency in providing legal protection and improving the general functioning of civil procedure. Courts do not keep records of the number of received actions by stages lawsuits but available case law indicates that difficulties do exist and thus the need for a serious approach to this issue. The aim of this paper is to point out the importance of understanding the legal institute of action by stages with an emphasis on its practical application. Participants in court proceedings who apply to the court by filing an action by stages must be aware of its legal effects at certain stages of civil proceedings. On the other hand, the court must also ensure the lawful application of this institute so as not to commit procedural violations that would jeopardize the litigants’ legal position. In this regard, the analysis of this legal institute is necessary in order to remove practical doubts and ensure its legal function. Research results of this paper have confirmed that practical doubts should not be neglected and that there is room to consider a more efficient solution than the one in existence. [ABSTRACT FROM AUTHOR]

The paper examines the views of domestic civil law theory and case law on inherently dangerous objects and activities, and, in particular, the interpretations of maritime law theory and case law on whether a ship is an inherently dangerous object presupposing the application of a strict liability regime. The central part of the paper is devoted to a critical analysis of the courts’ interpretation of the question of whether a berthed boat is an inherently dangerous object and whether the activity of a marina operator is an inherently dangerous one. Furthermore, the criteria relevant for assessing the legal issues in question are investigated in detail. Finally, determining the relevant criteria leads to guidelines that can be used for theoretical generalisation which can be applied by the courts when deciding in cases involving the legal question of whether a berthed vessel is an inherently dangerous object and the business of a marina operator an inherently dangerous activity. [ABSTRACT FROM AUTHOR]