Possibility of Court's Creativity in Judicial Decision-Making Process in Common Law and Civil Law Systems (Croatian)

Abstract

This paper discusses the essentials of two, most widely-spreaded, legal systems of the world: common law and civil law system. The main intention was to create a literal mosaic which reflects different determinations that make phenomenons of both legal systems as they are today. Based on consciousness about importance of law for existence and functioning of human society, parts of mosaic are retrospections about law, sources of law, basic charasteristics of civil law and common law, retrospections about court as an institution and judicial function in general, and, also, retrospection to a role and decission-making process in, as quoted previously, both legal systems. A brief outline is given about historical facts which had impacts and influences to developing common law and civil law system. As domestic, so and foreign literature is used in this work and methods: historical-materialistic method, formal logical method, analitical method, sociological, comparative and descriptive method and I, also, tried to make this work not only, as professor Esad Zgodic in epilogue of one book said, prattling and uninteresting elaborations of analitical-detailing juridicial brain.