ПОЈАМ ТУЖБЕ ЗА УТВРЂЕЊЕ У ПАРНИЧНОМ ПОСТУПКУ
THE NOTION OF BRINGING AN ACTION FOR ESTABLISHING IN THE LITIGATION PROCEDURE

Summary/Abstract: The subject matter of the present work is the notion of bringing an action for establishing in the litigation procedure. This kind of legal action is apllied prior to an inflicting of injury (damage), with the aim of diminishing the possibility of such injury to be done by the defendant or a third person. The claim for establishing may cover the establishment of the existence of a right or a legal relationship (this is called a positive action for establishing), or the establishment of the authenticity or falseness of a document. In the first two cases the object of establishing is a right or a legal relationship, while in the third one — a fact. The analysis of the court practice reveals that there are more positive than negative actions for establishing, but prevailing in the relationship between declaratory actions and declaratory judgments, are the latter ones. The existence of a legal interest of the plaintiff is one of the requirements for bringing the action, and such an interest shall be always present if the circumstances emerge causing uncertainty in terms of its nature and substance prior to the maturity of the claim regarding the duties out of such relationship. Declaratory system of legal protection is particularly actual in the sphere of economic and legal transactions. It makes possible the normal development of relations in the sphere of law and diminishes the possibility of their violations in the future.

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