Maintenance obligations

Croatia

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Croatia

Familiy law - maintenance obligations


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Article 71 1. (a) - Courts for application for a declaration of enforceability and courts for appeal against decisions on such applications

Applications for a declaration of enforceability and legal remedies against decisions of courts of first instance on applications must be submitted to a municipal court.

Appeals against declarations of enforceability must be lodged with a county court (court of second instance) via the municipal court, i.e. via the court of first instance which issued the declaration.

Once the procedure concerning an application for a declaration of enforceability has been concluded with a final decision, the municipal court (court of first instance) confirms that the declaration of enforceability is enforceable.

The responsible courts are:

a) municipal courts (općinski sudovi; sing. općinski sud) under the Civil Procedure Act (Zakon o parničnom postupku) (Narodne novine (NN; Official Gazette of the Republic of Croatia) Nos 53/91, 91/92, 58/93, 112/99, 88/01, 117/03, 88/05, 02/07, 84/08, 123/08, 57/11, 148/11, 25/13, 89/14) and in accordance with the Territories and Seats of Courts Act (Zakon o područjima i sjedištima sudova (NN No 128/14).

b) county courts (županijski sudovi; sing. županijski sud) under the Civil Procedure Act (Zakon o parničnom postupku) (NN Nos 53/91, 91/92, 58/93, 112/99, 88/01, 117/03, 88/05, 02/07, 84/08, 123/08, 57/11, 148/11, 25/13, 89/14) and in accordance with the Territories and Seats of Courts Act (NN No 128/14).

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Article 71 1. (b) - Redress procedure

A decision on redress as referred to in Article 33 of the Regulation may be contested solely by a proposal from the party for a retrial (in accordance with Articles 421-428 of the Civil Procedure Act).

The motion for a retrial shall always be submitted to the court which rendered the decision at first instance.

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Article 71 1. (c) - Review procedure

Under the Civil Procedure Act, the review procedure for the purposes of Article 19 of the Regulation must be instituted at a motion of the party for a retrial (in accordance with the provisions of Articles 421-428 of the Civil Procedure Act). The motion for a retrial shall always be submitted to the court which rendered the decision at first instance.

Pursuant to Article 117 of the Civil Procedure Act, the party may file a motion to restore a prior status, which must be filed to the court which should have performed the omitted action.

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Article 71 1. (d) - Central Authorities

Under Council Regulation (EC) No 4/2009, the Central Authority of the Republic of Croatia regarding the maintenance obligation is:

the Ministry of Demography, Family Affairs, Youth and Social Policy (Ministarstvo za demografiju, obitelj, mlade i socijalnu politiku)

Trg Nevenke Topalušić 1

10000 Zagreb

Web: https://mdomsp.gov.hr/

E-mail: ministarstvo@mdomsp.hr

Tel.: +385 1 555 7111

Fax: + 385 1 555 7222

Article 71 1. (f) – Competent authorities for enforcement

The municipal courts in Croatia are responsible for enforcement within the meaning of Article 21 of the Regulation, on the basis of the Civil Procedure Act (NN Nos 53/91, 91/92, 58/93, 112/99, 88/01, 117/03, 88/05, 02/07, 84/08, 123/08, 57/11, 148/11, 25/13, 89/14) and the Territories and Seats of Courts Act (NN No 128/14).

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Article 71 1. (g) - Accepted languages for translations of documents

As regards the documents referred to in Articles 20, 28 and 40 of the Regulation, the Republic of Croatia accepts translations of them into Croatian in Latin script, in accordance with Article 6 of the Civil Procedure Act.

Article 71 1. (h) - Languages accepted by Central Authorities for communication with other Central Authorities

The languages which the Central Authorities accept for communication with other Central Authorities, as referred to in Article 59 of the Regulation, are as follows:

(a) for the application and request forms, Croatian;

(b) for other types of communication, the Central Authority accepts Croatian or English upon request;

Last update: 17/09/2018

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

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