Pravosudni ispit cheat sheet

Croatian Civil Obligations Act (Zakon o obveznim odnosima): a contract is formed when offer and acceptance meet; acceptance received after the offeror's deadline is a counter-offer, not acceptance.

Statute of limitations (zastara): general period is five years for claims between persons, three years for periodic claims (rent, interest, wages); the limitation period starts on the day the creditor first could have enforced the claim.

Ownership of immovable property transfers only by registration in the land register (zemljiška knjiga) based on a valid legal ground and the seller's registered title; a mere contract does not transfer ownership.

Possession in good faith protects the possessor: a good-faith possessor of a movable thing acquires ownership by prescription after three years; a bad-faith possessor needs ten years.

In civil procedure, res judicata (pravomoćnost) bars a new action between the same parties on the same claim; the court rejects the claim (odbacuje tužbu) rather than dismissing it on the merits.

Default judgment (presuda zbog ogluhe) is entered when the defendant fails to appear and the claim is not manifestly unfounded; a judgment based on waiver (presuda na temelju odricanja) follows if the plaintiff waives the claim.

The court may reopen proceedings by extraordinary remedy only within statutory grounds and deadlines; an appeal (žalba) is filed within 15 days of service of the judgment, unless the law provides otherwise.

Burden of proof (teret dokazivanja) lies on the party asserting a fact; a party's failure to prove an element of a claim results in rejection of that claim, not in dismissal of the action.

Nullum crimen sine lege: no punishment without a prior statutory definition of the offence; a later, more lenient law applies to the offender (lex mitior), and a later harsher law does not.

Criminal liability requires unlawfulness, culpability (guilt), and the offender's mental state; insanity (ništavnost) excludes guilt, while mistake of fact excludes intent.

Inchoate liability: attempt (pokušaj) is punishable only where the law expressly provides; preparation (pripremanje) is punishable only for serious offences listed in the Criminal Code.

Croatian Criminal Procedure Act: the public prosecutor (državni odvjetnik) directs the investigation; the suspect has the right to counsel from the first interrogation, and a confession obtained without counsel is inadmissible.

Evidence obtained in violation of the prohibition on torture or of the right to counsel is inadmissible (plod otrovne voćke); derivative evidence is excluded if the violation is causally connected and substantial.

Detention (pritvor): a court order is required; the maximum duration is defined by law, and the detained person must be brought before the judge within the statutory period after arrest.

Presumption of innocence: the burden of proof rests entirely on the prosecution; doubt is resolved in favour of the defendant (in dubio pro reo).

Appeal grounds in criminal procedure: error of law, error of fact, procedural violation, and sentencing error; the appellate court may quash, modify, or remand.

Constitutional supremacy: statutes and subordinate legislation must conform to the Constitution; the Constitutional Court (Ustavni sud) may annul a statute found unconstitutional.

Direct effect of constitutional rights: the right to a fair hearing and the right to property bind the state directly; a court decision violating a constitutional right may be challenged by constitutional complaint after all remedies are exhausted.

Administrative act (upravni akt) review: the Administrative Court examines legality, not expediency; the plaintiff must exhaust administrative appeal unless the law provides otherwise.

Silence of the administration (šutnja uprave): failure to decide within the statutory period entitles the party to appeal as if the request had been refused.

Discretion (slobodna ocjena) must be exercised within the statutory purpose and bounds; an act based on irrelevant considerations is unlawful.

Proportionality test for rights restrictions: legitimate aim, suitability, necessity (least restrictive means), and proportionality stricto sensu.

Legality of administrative acts: a subordinate regulation cannot impose obligations not authorized by statute (nulla poena or legality principle applied to administrative burdens).

Standing in administrative disputes: a party whose right or legal interest is affected has standing; an act that does not decide a right is not an administrative act and is not reviewable.

Employment contract (ugovor o radu) must be in writing before work begins; failure to conclude it in writing does not invalidate the contract but creates liability for the employer.

Fixed-term contracts are limited in number and total duration; successive fixed-term contracts without a justified reason are deemed an indefinite-term contract (konvalidacija).

Notice periods (otkazni rok) depend on length of service; dismissal must be justified by a valid reason (opravdani razlog) stated in writing, and the employee has the right to respond before dismissal.

Severance pay (otpremnina) is owed only when the employer terminates an indefinite-term contract for business reasons after the statutory minimum service period.

Protection of pregnant employees and parents: dismissal during pregnancy or maternity leave is prohibited except in strictly defined cases; reinstatement is the primary remedy for unlawful dismissal.

Working time: full-time work is 40 hours per week; overtime requires the employee's written consent, is limited annually, and is compensated at a statutory premium.

Strike and collective bargaining: a strike is lawful only if the statutory procedure (notice, mediation) is followed; an employer may not dismiss employees for lawful strike participation.

Social security: pension and health insurance rights arise from statutory conditions (age, contribution period); a decision of the social security body is an administrative act subject to judicial review.

Limited liability company (d.o.o.): minimum share capital is set by statute; shareholders are liable only up to their subscribed contribution, and the company is liable with its whole assets.

Joint stock company (d.d.): minimum share capital is higher; shares may be bearer or registered, and the general meeting, supervisory board, and management board are mandatory organs.

Piercing the corporate veil: a shareholder is personally liable where the company was used to defraud creditors or where assets were commingled; the burden lies on the creditor.

Commercial contracts: a merchant is presumed to act in the course of business; the Commercial Code prevails over the Civil Obligations Act for commercial contracts.

Insolvency (stečaj): proceedings open when the debtor is unable to pay debts as they fall due; transactions concluded in the suspect period before opening may be challenged (pobijanje).

Company registration: legal personality arises on registration in the court register (sudski registar); acts before registration bind the founders personally.

Competition law: agreements restricting competition (price-fixing, market sharing) are void; abuse of dominance is prohibited, and merger control applies above statutory thresholds.

Negotiable instruments and securities: a bill of exchange requires an unconditional order to pay; a cheque is payable on demand, and the statutory presentation period is short.

Marriage and family relations are governed by the Family Act: spousal property is divided into separate and joint property (bračna stečevina); joint property is divided equally unless the spouses prove unequal contributions.

A child's best interests (najbolji interes djeteta) is the paramount standard; custody may be joint or sole, and the child's opinion is considered according to age and maturity.

Adoption requires the adopter's suitability, the child's consent where old enough, and a court decision; adoption severs the child's legal ties with the biological parents in the defined scope.

Maintenance (uzdržavanje): a spouse and a child have a statutory right to support; the amount depends on needs and the obligor's ability, and the obligation is enforceable by court decision.

Inheritance: statutory heirs are ranked in orders (first order: children and spouse); the estate passes by law unless a will or a contract of inheritance provides otherwise.

Formal will (oporučni oblici): a handwritten will must be entirely in the testator's hand and signed; a will before witnesses requires the statutory number of witnesses and their statements.

Forced share (nužni dio): descendants, the spouse, and parents are entitled to a statutory portion of the estate; a will that infringes the forced share is reduced to that share.

Renunciation and disinheritance: an heir may renounce the inheritance by declaration to the court; disinheritance is valid only on statutory grounds (e.g., serious misconduct against the testator).

Attorney–client privilege (odvjetnička tajna) covers all information received in the course of representation and survives the end of the mandate; disclosure is permitted only with the client's informed consent or where the law expressly requires it.

Conflict of interest: an attorney may not represent a client whose interests conflict with those of another client or of the attorney personally; a former client's confidences bar representation of an adverse party in a related matter.

Duty of competence and diligence: an attorney must act within the limits of the mandate, keep the client informed, and avoid agreements that limit liability for professional negligence.

Fees must be agreed in writing in advance or determined by the tariff; contingency fees in criminal matters are prohibited, and fees may not be based on the outcome of a criminal case.

Advertising and solicitation: an attorney may inform the public but may not solicit clients, guarantee outcomes, or make misleading comparisons.

Handling client funds: client money must be kept separately from the attorney's own funds; commingling is a disciplinary offence.

Disciplinary liability: breaches of the Code of Professional Ethics are prosecuted before the disciplinary bodies of the bar; sanctions range from warning to disbarment.

Judges and prosecutors are subject to analogous duties of impartiality and confidentiality; ex parte contact with a represented party is prohibited.

Direct effect: EU regulations are directly applicable in national law; directives bind the state as to the result and must be transposed, and they have vertical direct effect against the state where transposition is absent or faulty.

Supremacy of EU law: a national court must set aside a conflicting national provision; the national constitutional court cannot review EU law for conformity with the national constitution in matters of EU competence.

Preliminary reference (Article 267 TFEU): a national court may refer a question on interpretation or validity; a court of last instance must refer unless the question is acte clair or acte éclairé.

State liability (Francovich): a member state is liable for damage caused by a serious breach of EU law, where the rule intends to confer rights, the breach is sufficiently serious, and causation is established.

Four freedoms: goods (customs duties and quantitative restrictions prohibited), persons (workers and establishment), services, and capital; restrictions must be justified by Treaty grounds and proportionate.

Vienna Convention on the Law of Treaties: a treaty is interpreted in good faith in light of its object and purpose; a material breach by one party may justify suspension or termination.

International jurisdiction: the Brussels regime applies to civil and commercial matters; a defendant is sued in the state of domicile, with special jurisdiction for contract and tort.

Recognition of foreign judgments: recognition may be refused on grounds of public policy, lack of proper service, or conflict with a prior judgment between the same parties.

IRAC structure: state the Issue, the Rule with citation, the Application to the facts, and the Conclusion; every factual assertion must be traceable to the file or to evidence.

Citation of Croatian sources: statute (e.g., Zakon o obveznim odnosima, Narodne novine, number/year), case law with court, case number, and date; pinpoints are required for quotations.

Legal opinion vs. legal argument: an opinion predicts the outcome and discloses risks; a submission advocates, but neither may misstate the record or the law.

Drafting pleadings: caption, parties, statement of facts, legal grounds, evidentiary proposals, and the specific request (petit); the request must be certain and enforceable.

Contract drafting: define parties, subject matter, price, term, termination, liability, dispute resolution, and governing law; ambiguity is construed against the drafter in consumer contracts.

Client interview: identify the client's goal, gather facts chronologically, identify documents, explain options and costs, and confirm the mandate in writing.

Deadlines and procedural calendars: calculate from the date of service, exclude the day of the event, and note that the deadline expires at the end of the last day; a missed deadline may be restored only on statutory grounds.

Negotiation and settlement: distinguish positions from interests, record settlements in an enforceable form (court settlement or notarial deed), and verify authority before signing.