
Private law systems and the sui generis field of family law in the 21st century are confronted with rapid technological, social, and normative changes, prompting states to strategically seek a balance between traditional legal institutions on the one hand and responses to contemporary challenges on the other. In this regard, Croatia has similarly positioned itself strategically within the framework of the National Recovery and Resilience Plan (NRRP 2021–2026) and the National Development Strategy until 2030, emphasizing the necessity of reforming the judicial system, including digitalization, equal access to justice, and the assurance of legal certainty in accordance with European standards. Likewise, the Strategy on the Rights of Persons with Disabilities and the National Plan on Children’s Rights highlight the importance of an inclusive legal framework, particularly with respect to the accessibility of legal protection and procedural rights. Moreover, the UN Committee on the Rights of the Child, in its most recent 2022 report, underscores the importance of ensuring children’s right to express their views in all proceedings affecting them, while the UN Committee on the Rights of Persons with Disabilities, in its 2015 report, called upon Croatia to guarantee persons with disabilities equal access to justice.
One of the causes of the slow adaptation of the legal system to contemporary challenges is the fact that many Croatian private law institutions originate from the Roman law framework. For the same reasons, other European legal systems also fail to provide adequate responses to modern challenges, as confirmed by a series of domestic and international scholarly works based on historical and comparative analyses of European legal traditions. A substantial body of recent scientific literature further corroborates the sluggishness of legal systems in responding to contemporary challenges. Accordingly, in many European legal systems, including the Croatian system, questions remain unresolved regarding the legal status of digital assets, the protection of personal data, and artificial intelligence, as these areas are still regulated within the confines of traditional concepts of ownership and legal personality. A similar situation arises with the concept of extending legal personality to animals and natural entities.
In the field of civil procedural law, recent scholarly literature similarly emphasizes the lack of harmonization and the inefficiency in the application of digital tools. Regarding vulnerable groups, specifically the procedural position of children and persons with disabilities, existing research points to the need to transform their procedural role from a passive to an active one across all types of judicial and administrative proceedings. The absence of adaptation of the law to the needs of contemporary society, both in theory and legislation as well as in practice, is undoubtedly influenced by the lack of courses within legal education that foster the development of critical thinking, ethics, and inclusive values. The absence of such knowledge and skills effectively multiplies the institutional weaknesses highlighted in strategic documents, international reports, and scholarly analyses. Finally, the challenges stemming from the (non)functioning of the legal system spill over into broader societal culture, resulting in distrust in the Croatian judiciary, protracted court proceedings, inadequate legal education, and related issues.
In light of the aforementioned state of the private law system, and more broadly of the legal culture—particularly legal education—the following research questions are posed, with a focus on the Croatian legal system:
- Which obstacles to the transformation of the private law system are presented by traditional legal institutions derived from Roman law?
- To what extent do selected sectors of the private law system accommodate the requirements of transformation in the context of contemporary social and technological challenges?
- Are civil (judicial and extrajudicial) procedures effective and sufficiently adapted to digital tools, and what are the principal barriers to the digital transformation of civil proceedings?
- Are the procedural rights of children and persons with disabilities effectively safeguarded?
- How can legal culture be strengthened in response to contemporary challenges, with particular emphasis on legal education?
The purpose of this project is to undertake a critical examination of selected institutions of Croatian civil, civil procedural, and family law, including legal education, in the context of contemporary social, technological, and normative challenges. The aim is to identify the legal and institutional barriers impeding the adaptation of the legal system and to formulate legislative proposals that effectively address contemporary challenges in line with the highest European and international standards, while also providing recommendations for the enhancement of legal education.
The rationale for this research arises from the identified gap between traditional legal institutions and the actual problems faced by contemporary society, resulting from technological, social, and normative changes, as well as from the lack of responses to international demands for inclusivity and the participation of vulnerable groups. The absence of transformation in legal education and legal culture further exacerbates this gap. Finally, the innovativeness of this research project lies in its interdisciplinary approach, which emerges from the integration of legal and comparative analysis, socio-theoretical analysis, and the analysis of legal education.

All photographs featured on this website have been sourced from the online platforms Unsplash and Freepik.
This project is financed by the European Union – NextGenerationEU. Any views or opinions expressed herein are solely those of the author and do not necessarily reflect the official positions of the European Union or the European Commission. Neither the European Union nor the European Commission shall be held responsible for the content.
