CROATIA Law and Practice Contributed by: Lada Ćustić and Marko Paulinović, Buterin & Partners
as the Hague Convention of 1 March 1954 on Civil Procedure, the Hague Convention of 19 October 1996 on Parental Responsibility, and the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Mainte- nance, among others. Enforcement of foreign judg- ments follows a formal application to domestic courts, which verify that the judgment meets the conditions for recognition and enforcement under Croatian law and applicable international agreements.
• incorrect application of substantive law, when the applicable material law was not applied or was applied incorrectly. A review before the Supreme Court of the Republic of Croatia may be filed only if granted by the Supreme Court, against final second instance judgments and solely on questions of law of general significance, par- ticularly where the appellate decision diverges from established Supreme Court practice or where case law remains inconsistent. 10.3 Procedure for Taking an Appeal The appeal must be submitted to the first instance court that issued the judgment, which then forwards it to the competent appellate court. The appeal must specify the decision being challenged, the grounds for appeal, and the relief sought. The first instance court examines whether the appeal is timely, complete, and admissible before transmitting it. Once the appellate court receives the case, it reviews both the procedural and substantive correctness of the first instance deci- sion. 10.4 Issues Considered by the Appeal Court at an Appeal The appellate court reviews the lawfulness and cor- rectness of the first instance decision, examining alleged procedural violations, factual errors, and mis- applications of substantive law. The review is con- fined to issues expressly raised in the appeal – ie, new claims or arguments cannot be introduced at this stage. However, the appellate court considers appli- cability of substantive law and procedural irregularities ex officio. 10.5 Court-Imposed Conditions on Granting an Appeal An appeal is permitted unless explicitly excluded by statute. Law imposes procedural conditions such as timeliness, formal completeness, and legal stand- ing for an appeal. An appeal that fails to meet these requirements will be dismissed without consideration of the merits. In extraordinary cases, such as a request for review ( revizija ) before the Supreme Court, the appellant must
10. Appeal 10.1 Levels of Appeal or Review to a Litigation
Croatian law distinguishes between two primary types of legal remedies: objections ( prigovori ) and appeals ( žalbe ). Objections are decided by the same court, whereas appeals are reviewed by a higher instance court. In civil litigation, a first instance judgment rendered by a municipal or commercial court may be appealed to a county court or a higher commercial court, depending on the jurisdiction. In certain cases, a further extraor- dinary legal remedy – a review ( revizija ) – may be filed before the Supreme Court of the Republic of Croa- tia, provided that statutory conditions are fulfilled, ie, significant legal questions arise and the remedy is granted by the Supreme Court. 10.2 Rules Concerning Appeals of Judgments Parties may appeal a first instance judgment within 15 days of receiving the written decision. A timely appeal suspends the finality and enforceability of the con- tested portion of the judgment. An appeal may be filed on three principal grounds: • substantial violations of civil procedure, when the court failed to apply or misapplied procedural pro- visions, affecting the legality or correctness of the judgment; • erroneous or incomplete determination of facts, when a decisive fact was incorrectly assessed or omitted; or
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