[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"settings":3,"blog-meta-en":70,"blog-sto-je-bitno-znati-o-postupku-osiguranja-dokaza-en":84},{"siteName":4,"siteUrl":5,"defaultLocale":6,"contact":7,"social":14,"footer":16,"navigation":20,"mapEmbedUrl":47,"contactPresets":48},"Odvjetnički ured Luka Mrkić","https://www.lukamrkic.hr","hr",{"phones":8,"email":11,"address":12,"addressLink":13},[9,10],"+385 23 701 888","+385 95 7009 342","odvjetnik@lukamrkic.hr","Zrinsko-Frankopanska 38, 23000 Zadar, Hrvatska","https://maps.google.com/?q=Zrinsko-Frankopanska+38+Zadar",{"linkedin":15,"facebook":15,"instagram":15},"",{"legalText":17,"copyrightText":18,"creditText":19},"Odvjetnički ured Luka Mrkić pruža visokokvalitetne pravne usluge s naglaskom na individualni pristup svakom klijentu.","© 2025 Odvjetnički ured Luka Mrkić. Sva prava pridržana.","Web by CodeRed",{"main":21,"footer":41},[22,25,28,32,35,38],{"label":23,"url":24},"Početna","/",{"label":26,"url":27},"O nama","/o-nama",{"label":29,"url":30,"children":31},"Područja prakse","/podrucja-prakse",[],{"label":33,"url":34},"Naš tim","/nas-tim",{"label":36,"url":37},"Objave","/objave",{"label":39,"url":40},"Kontakt","/kontakt",[42,43,44,45,46],{"label":26,"url":27},{"label":29,"url":30},{"label":33,"url":34},{"label":36,"url":37},{"label":39,"url":40},"https://www.google.com/maps/embed?pb=!1m18!1m12!1m3!1d2879.5!2d15.2388472!3d44.1076802!2m3!1f0!2f0!3f0!3m2!1i1024!2i768!4f13.1!3m3!1m2!1s0x4761fa8a60de4bed%3A0x1265bebba2680f68!2sUl.%20Zrinsko%20Frankopanska%2038%2C%2023000%2C%20Zadar!5e0!3m2!1sen!2shr!4v1706300000000!5m2!1sen!2shr",{"hr":49,"en":56,"de":63},{"meeting":50,"email":53},{"subject":51,"message":52},"Zahtjev za online sastanak","Poštovani,\n\nŽelio/željela bih dogovoriti online sastanak radi pravnog savjetovanja.\n\nDostupan/dostupna sam putem platforme Zoom ili Microsoft Teams.\nPreferirana vremena: [unesite okvirno vrijeme dostupnosti]\n\nKratki opis predmeta:\n[opišite ukratko o čemu se radi]\n\nS poštovanjem,",{"subject":54,"message":55},"Upit za pravno savjetovanje","Poštovani,\n\nObraćam Vam se s upitom vezanim za:\n[opišite predmet upita]\n\nOsnovne informacije:\n[navedite relevantne podatke]\n\nMolim Vas za povratnu informaciju.\n\nS poštovanjem,",{"meeting":57,"email":60},{"subject":58,"message":59},"Online meeting request","Dear Sir/Madam,\n\nI would like to schedule an online meeting for legal counseling.\n\nI am available via Zoom or Microsoft Teams.\nPreferred times: [enter your approximate availability]\n\nBrief description of the matter:\n[briefly describe what it is about]\n\nKind regards,",{"subject":61,"message":62},"Legal counseling inquiry","Dear Sir/Madam,\n\nI am contacting you regarding:\n[describe the subject of your inquiry]\n\nBasic information:\n[provide relevant details]\n\nI look forward to your response.\n\nKind regards,",{"meeting":64,"email":67},{"subject":65,"message":66},"Anfrage für Online-Meeting","Sehr geehrte Damen und Herren,\n\nich möchte ein Online-Meeting zur Rechtsberatung vereinbaren.\n\nIch bin über Zoom oder Microsoft Teams erreichbar.\nBevorzugte Zeiten: [geben Sie Ihre ungefähre Verfügbarkeit an]\n\nKurze Beschreibung der Angelegenheit:\n[beschreiben Sie kurz, worum es geht]\n\nMit freundlichen Grüßen,",{"subject":68,"message":69},"Anfrage zur Rechtsberatung","Sehr geehrte Damen und Herren,\n\nich wende mich an Sie bezüglich:\n[beschreiben Sie den Gegenstand Ihrer Anfrage]\n\nGrundinformationen:\n[geben Sie relevante Daten an]\n\nIch freue mich auf Ihre Rückmeldung.\n\nMit freundlichen Grüßen,",{"title":71,"subtitle":72,"seo":73,"categories":77},"Blog","Latest news, publications and professional analyses from the field of law.",{"title":74,"description":75,"ogImage":76},"Blog | Law Office Luka Mrkić","Latest legal news, publications and professional analyses. Law Office Luka Mrkić, Zadar, Croatia.","/assets/og-blog.jpg",[78,81],{"id":79,"label":80},"novosti","News",{"id":82,"label":83},"publikacije","Publications",{"id":85,"slug":85,"title":86,"excerpt":87,"content":90,"category":82,"author":155,"publishedAt":156,"featuredImage":157,"tags":160,"seo":161,"published":164,"alternateSlugs":165},"sto-je-bitno-znati-o-postupku-osiguranja-dokaza","Preservation of Evidence Procedure",[88,89],"In many civil-law relationships, there is a need to initiate preservation of evidence proceedings in order to establish the current state of affairs and preserve evidence for potential future civil litigation.","Over the past several months, we have been approached by numerous clients in connection with various legal matters, including claims for damages, the rectification of construction defects, and other proceedings where the preservation of evidence is necessary to establish the actual condition of the property or circumstances in question.",[91,94,96,98,100,102,104,106,110,112,114,116,118,120,122,124,126,128,130,132,134,136,147,149,151,153],{"type":92,"text":93},"paragraph","In a large number of civil-law relationships between parties, there is a need to initiate proceedings for the preservation of evidence in order to establish the current state of affairs and secure evidence that may be relevant to future civil litigation.",{"type":92,"text":95},"Over the past several months, we have been approached by a large number of clients in connection with various types of legal proceedings, including claims for damages, the remedying of construction defects, and other matters in which the preservation of evidence is necessary to establish the actual state of affairs.",{"type":92,"text":97},"The preservation of evidence procedure is regulated by the provisions of the Croatian Civil Procedure Act (Official Gazette Nos. 53/1991, 91/1992, 112/1999, 129/2000, 88/2001, 117/2003, 88/2005, 2/2007, 96/2008, 84/2008, 123/2008, 57/2011, 25/2013, 89/2014, 70/2019, 80/2022, 114/2022, 155/2023 and 146/2025) and is generally conducted before civil litigation is initiated.",{"type":92,"text":99},"In practice, preservation of evidence proceedings are used in various types of disputes, most commonly in matters involving contractual or non-contractual liability and claims for damages arising from a situation in which one contractual party fails to fulfil its obligations under the agreement.",{"type":92,"text":101},"In a recent case in which we represented a foreign national in a claim for damages, the proceedings were initiated because the other contracting party had failed, under a lease agreement concerning a plot used as a campsite pitch, to provide sufficient electricity, water and other utility connections necessary for the commercial rental of a mobile home. The other party had also failed to fulfil its contractual obligation to arrange the surrounding area and provide adequate access to the campsite.",{"type":92,"text":103},"In that particular case, the preservation of evidence procedure established the current state of affairs and provided an important evidentiary basis for subsequent proceedings concerning the termination of the agreement and a claim for loss of profit.",{"type":92,"text":105},"The purpose of preservation of evidence proceedings is to establish and document the actual state of affairs through a formal court procedure in which the parties are given the opportunity to participate and exercise their procedural rights. The findings obtained in such proceedings may subsequently be used as evidence in civil litigation, subject to the court's assessment of all evidence presented in the proceedings.",{"type":107,"level":108,"text":109},"heading",1,"\u003Cstrong>Preservation of Evidence in Cases Involving Construction Defects\u003C/strong>",{"type":92,"text":111},"In another case, we initiated preservation of evidence proceedings on behalf of a client in order to establish construction defects in a property – a villa built for our client by a contractor.",{"type":92,"text":113},"The construction works were carried out under a turnkey construction agreement. The works were performed improperly and, in part, were not carried out at all, resulting in moisture penetration and other adverse consequences for the property. As a result, urgent remedial works became necessary.",{"type":92,"text":115},"Before undertaking such urgent repairs, it was necessary to establish and document the actual condition of the property through preservation of evidence proceedings, including an expert assessment by a court-appointed expert.",{"type":92,"text":117},"This was particularly important because carrying out the repairs could subsequently make it significantly more difficult to establish the nature, extent and causes of the defects.",{"type":92,"text":119},"Once the preservation of evidence procedure has been completed, the client may, where the legal requirements are met, initiate proceedings against the contractor for damages and other appropriate claims. In such proceedings, the client may seek compensation for damage caused by the established defects, the costs of repairing them through third parties, and other recoverable costs. Subject to the applicable rules on litigation costs and the outcome of the proceedings, the costs incurred in the preservation of evidence proceedings may also be relevant.",{"type":107,"level":108,"text":121},"\u003Cstrong>Why Is the Preservation of Evidence Procedure Important?\u003C/strong>",{"type":92,"text":123},"Preservation of evidence does not mean that the court has predetermined who is liable for the damage or which party will ultimately prevail in future litigation. Its purpose is to ensure that important evidence is obtained and documented in a timely manner where there is a risk that it may later become unavailable or significantly more difficult to obtain.",{"type":92,"text":125},"This is particularly important in cases involving construction defects, damage to real estate, construction and investment projects, as well as contractual and non-contractual liability.",{"type":92,"text":127},"For example, where a property has suffered water ingress or other construction defects requiring urgent repairs, it may be essential to document the existing condition and establish the causes and extent of the defects before any remedial works are carried out.",{"type":92,"text":129},"Timely preservation of evidence can therefore provide a strong evidentiary foundation for subsequent litigation and enable the client to protect and effectively exercise their rights before the court.",{"type":107,"level":108,"text":131},"\u003Cstrong>Conclusion\u003C/strong>",{"type":92,"text":133},"In many civil-law relationships that may ultimately result in litigation, it is important to consider, at an early stage, whether preservation of evidence proceedings should be initiated.",{"type":92,"text":135},"This is particularly relevant in matters involving:",{"type":137,"style":138,"items":139},"list","bullet",[140,141,142,143,144,145,146],"construction defects and construction works;","damage to real estate and other property;","investment projects;","contractual relationships;","claims for damages;","contractual and non-contractual liability; and","situations in which there is a risk that evidence may change, deteriorate or disappear.",{"type":92,"text":148},"Timely preservation of evidence can be crucial for the subsequent protection of a client's rights, as it enables relevant facts to be established and documented before circumstances change in a manner that could make them more difficult to prove.",{"type":92,"text":150},"The Law Office of Luka Mrkić successfully represents clients in preservation of evidence proceedings and subsequent claims for damages and other forms of legal protection.",{"type":92,"text":152},"If there is a risk that the condition of property or other relevant circumstances may change, timely legal advice and appropriate action can be essential to ensuring the effective protection of your rights and interests before the court.",{"type":92,"text":154},"This is particularly important in construction-related matters, investment projects, and other disputes involving contractual and/or non-contractual liability for damages.","Luka                                                               Mrkić","2026-09-06",{"src":158,"alt":159},"/assets/blog/pexels-pavel-danilyuk-7937329-1-mtpnzd9i.webp","Što je bitno znati o postupku osiguranja dokaza",[],{"title":162,"description":163},"Preservation of evidence for damages, construction defects ","Preservation of evidence in civil proceedings for protecting rights, construction defects, damages and property disputes.",true,{"hr":85,"en":85,"de":85}]