Time and place of delivery in civil proceedings

• Main Author: Dinka Šago
• Format: Article
• Language: English
• Published: Pravni fakultet Sveučilišta u Splitu 2010-01-01
• Series: Zbornik Radova Pravnog Fakulteta u Splitu
• Subjects: civil procedure; delivery; time of delivery; place of delivery
• Online Access: http://hrcak.srce.hr/file/94029

The most important principle of civil procedure is the right to be heard before a court which is with good reason being viewed as an essential part of any proceeding in accordance with the rule of law. The paper analyzes the provisions of the Code of Civil Proceedings in Croatia from 2003. governing the institute of delivery, precisesly time and place of delivery by comparing them to the corresponding provisions of the Code of Civil Proceedings in Croatia from 2008. It also points out the difficulties arising in application of certain provisions of Code of civil proceedings in Croatian judicial practice and it offers a review of possible alternative solutions in the model of related legislatures. The author especially supports serving documents wherever the person being served may be, with the understanding that this would be the preferred delivery method, mandated by law, as opposed to the way this method is employed now-as an exception that is made with the consent of client or with the express orders of the court.