Author(s): Zoran Ivošević
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Правни факултет Универзитета у Београду
Keywords: Capacity of a co-litigant; Legal relationship; Procedural individuality

Summary/Abstract: The undivided co-litigant position is fatefully made dependent on the substantive-law relationship, so that a dispute out of such relationship may be settled only in an equal manner regarding all the parties having that capacity in the suit. It, however, may be willing (intended) and necessary. The one intended covers the case of a law-suit community without the need of being joined by all subjects of the contested legal relationship. A necessary co-litigant position is dictated by the need to realize court protection, due to undivisibility of the legal relationship, only after all of its subjects are included in the proceedings. In both of these forms the disputed legal relationship is single, i.e. undivided, but only in case of the intended (willing one) — it is unique and divisible, while in case of the necessary one — unique and undivisible. In order to achieve an undivided decision, the co-litigants are considered as one single party to the proceedings, so that every one of them is entitled to take useful, but not harmful acts. However, every one of them keeps his (her) procedural individuality.

  • Issue Year: 44/1996
  • Issue No: 2-3
  • Page Range: 42-65
  • Page Count: 24
  • Language: Serbian