ПРИГОВОР РАДИ ПРЕБИЈАЊА
SET-OFF CLAIM

Summary/Abstract: The Respondent may file a set-off claim as a new claim for judgment during the period until the main hearing has been concluded. Although this procedural phenomenon has not been regulated in details by the Civil Procedure Act, the distinctions between the compensation claim and set-off claim are clear. However, frequently the distinction is not made between these two institutes in the court practice. Also, the paper particularly analyses the compensation counterclaim and set-off claim. The subject of special analysis in this paper is also the judgment made in the lawsuit where a set-off claim has been filed due to specific terms of judgment since the court decides upon the claims for judgment that are mutually conditioned.

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