Pravosudni ispit flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Statute of limitations period

Under Croatian civil law the general limitation period is five years, while periodic claims such as rent, interest, and wages prescribe in three years from the day the claim became enforceable.

Acquisition by prescription

A good-faith possessor of a movable thing acquires ownership after three years of continuous possession; a bad-faith possessor must possess for ten years before acquiring title.

Res judicata effect

A final judgment on the merits bars a later action between the same parties over the same claim; the court rejects such a claim procedurally rather than examining it again.

Default judgment conditions

A judgment by default is entered when the defendant, properly served, fails to appear and the claim is not manifestly unfounded; the defendant may appeal within the statutory period.

Lex mitior principle

If the criminal law changes after the offence, the law more favourable to the offender applies; a later harsher statute cannot be applied retroactively to the offender's detriment.

Fruit of poisonous tree

Evidence obtained through torture or other serious rights violations is inadmissible; derivative evidence is excluded where the violation is causally connected and substantial.

In dubio pro reo

The burden of proof in criminal proceedings rests on the prosecution; any remaining doubt about a decisive fact must be resolved in favour of the accused.

Pre-trial detention grounds

Detention requires a court order and a statutory ground such as flight risk, collusion, or danger to the public; the detained person must be brought before a judge within the statutory period.

Constitutional complaint

A party may file a constitutional complaint after exhausting ordinary remedies, alleging that a final decision violated a constitutional right such as the right to a fair hearing.

Silence of administration

When an administrative body fails to decide within the statutory period, the party may appeal as if the request had been refused and then seek judicial review.

Proportionality test

A restriction of a constitutional right is lawful only if it pursues a legitimate aim, is suitable, is the least restrictive means, and is proportionate in the narrow sense.

Administrative dispute scope

The Administrative Court reviews the legality of administrative acts, not their expediency; the plaintiff must show an affected right or legal interest to have standing.

Fixed-term contract conversion

Successive fixed-term employment contracts concluded without a justified reason are deemed an indefinite-term contract, and the employer bears the consequences of unlawful use.

Severance pay condition

Severance pay is owed when the employer terminates an indefinite-term contract for business reasons and the employee has completed the statutory minimum service period.

Overtime consent rule

Overtime work requires the employee's written consent, is capped annually by statute, and must be compensated at the prescribed premium rate in addition to base pay.

Unlawful dismissal remedy

An employee dismissed without a valid written reason may seek reinstatement and payment of lost wages; reinstatement is the primary remedy before the labour court.

Piercing the corporate veil

A shareholder becomes personally liable for company debts where the company was used to defraud creditors or where assets were commingled, with the burden on the creditor.

Legal personality on registration

A company acquires legal personality upon entry in the court register; acts performed before registration bind the founders personally, not the unregistered entity.

Insolvency opening condition

Bankruptcy proceedings open when the debtor is unable to pay debts as they fall due; transactions in the suspect period before opening may be challenged by the trustee.

Void competition agreements

Agreements fixing prices, sharing markets, or otherwise restricting competition are void; abuse of a dominant position is separately prohibited and merger control applies above statutory thresholds.

Marital joint property division

Property acquired during marriage by work is joint property divided equally, unless a spouse proves a different contribution; separate property remains with the owning spouse.

Forced share entitlement

Descendants, the spouse, and parents are entitled to a statutory forced share of the estate; a will infringing that share is reduced to the statutory portion.

Statutory heir order

The first order of statutory heirs comprises the deceased's children and spouse, who inherit equally; later orders apply only when no heir of an earlier order exists.

Formal will requirements

A handwritten will must be entirely written and signed by the testator; a will before witnesses requires the statutory number of witnesses and their signed statements.

Attorney-client privilege

All information received in the course of representation is confidential and remains protected after the mandate ends; disclosure requires informed consent or an express statutory duty.

Conflict of interest rule

An attorney may not represent a client whose interests conflict with another client or with the attorney personally; former client confidences bar adverse representation in related matters.

Client funds segregation

Client money must be held separately from the attorney's own funds; commingling is a disciplinary offence and may also trigger criminal liability for misappropriation.

Direct effect of directives

A directive binds the state as to the result and, where transposition is absent or faulty, may be invoked vertically against the state, but not horizontally against private parties.

Preliminary reference duty

A court of last instance must refer questions on EU law interpretation to the Court of Justice unless the answer is acte clair or already settled by case law.

State liability conditions

A member state is liable for damage from a serious breach of EU law where the rule confers rights, the breach is sufficiently serious, and causation is proven.

Treaty interpretation rule

Under the Vienna Convention a treaty is interpreted in good faith according to the ordinary meaning of its terms in their context and in light of its object and purpose.

IRAC legal analysis

State the Issue, the applicable Rule with citation, the Application to the facts, and the Conclusion; each factual assertion must be traceable to the file or evidence.