CROATIA Law and Practice Contributed by: Lada Ćustić and Marko Paulinović, Buterin & Partners
6.6 Third Parties and Injunctive Relief Injunctive relief under Croatian law may target not only the debtor but also third parties holding or receiv- ing the debtor’s assets. Under the Enforcement Act, courts may order prohibition of disposing or encum- brance of assets, seizing and depositing money or val- uables, restricting dealings with real estate or claims, ordering banks to withhold payments, etc. 6.7 Consequences of a Respondent’s Non- Compliance On a general note, if a court-ordered injunction is ignored or breached, such actions are considered legally ineffective, unless the rules protecting bona fide acquirers apply meaning that if an injunction is recorded in a public registry (eg, land registry), the claimant can enforce the measure once their claim becomes enforceable against assets or rights affected by the injunction. Furthermore, the claimant has the right to seek dam- ages from the debtor, banks, or any third parties that have acted in violation of the injunction, under the general principles of tort law. In cases where these measures are ignored or breached, the court may also impose additional sanctions, including monetary fines or imprisonment, to ensure compliance and protect the claimant’s interests. Civil trials are oral, public, and direct, followed with paper-based documents evidencing them. Under the Civil Procedure Act, cases progress through a pre- paratory hearing and a main hearing. At the prepara- tory stage, the plaintiff presents the claim, followed by the defendant’s response. The parties are then invited to elaborate on their factual assertions and propose supporting evidence. The court subsequently issues a procedural decision identifying the disputed facts and determining which evidence, experts or witnesses will be presented during the main hearing. Importantly, the court is not bound by this preliminary decision which may be amended subsequently. 7. Trials and Hearings 7.1 Trial Proceedings
The preparatory stage concludes with a formal court decision, which both closes the preliminary proceed- ings and schedules the main trial. During the main hearing, all evidence and arguments are presented directly before the court, which aims to complete proceedings in minimum sessions. Wit- nesses testify openly, describe how they know the facts, and may be questioned or confronted. Experts provide written oral and/or oral opinions within set deadlines and must explain their reasoning truthfully. The court may issue written procedural rulings outside hearings, but the final judgment is based on all evi- dence and argument submitted during the trial. 7.2 Case Management Hearings In practice, Croatian civil procedure recognises case- management hearings as short hearings. Case-management hearings organise the course of the trial. At the first hearing, the court sets deadlines, schedules the main hearing, and decides on evidence or expert involvement. During preparation, it handles procedural matters such as actions of interveners, the joining or separation of lawsuits, securing evidence, extending deadlines, scheduling or postponing hear- ings, corrections to submissions, etc. At the preparatory hearing, parties present claims and defences, discuss evidence, and the court rules on admissibility. The court may promote mediation, clarify issues, or postpone as needed. Plans may later be adjusted, often without a new hearing. 7.3 Jury Trials in Civil Cases Under Croatian law, there is no institution of jury trials in civil proceedings. All disputes in the civil courts, whether at first instance or on appeal, are decided by professional judges alone. 7.4 Rules That Govern Admission of Evidence In civil proceedings, the admission and evaluation of evidence follow a flexible, principles-based system aimed at discovering all facts relevant to the dispute. The court determines which proposed evidence will be admitted, with no general exclusionary rule – any means of proof is allowed if it helps establish decisive facts.
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