LEGAL CONSEQUENCES OF THE PARTY'S OMISSION IN THE LITIGATION PROCEDURE OF THE REPUBLIC OF SRPSKA Cover Image

ПРАВНЕ ПОСЉЕДИЦЕ СТРАНАЧКОГ ПРОПУШТАЊА У ПАРНИЧНОМ ПОСТУПКУ РЕПУБЛИКЕ СРПСКЕ
LEGAL CONSEQUENCES OF THE PARTY'S OMISSION IN THE LITIGATION PROCEDURE OF THE REPUBLIC OF SRPSKA

Author(s): Stojana Kopanja
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Правни факултет Универзитета у Бањој Луци
Keywords: deadlines; omission; legal preclusion, legal fiction;

Summary/Abstract: The reform of judicial procedure in the Republic of Srpska from 2003 also included provisions on the consequences of a party's failure to take procedural actions in a timely manner. The previously valid rules of civil procedure, which referred to the failure of the parties to undertake procedural actions, did not contribute much to the efficiency and economy of the civil procedure. However, in the absence of an explicit legal provision, the dilemma of how to protect a party's interest remains today, in the event that its omission caused by the court's omission affects its own interest in litigation. Although some of the new legislative solutions have proven to be very effective in practice, we believe that we should continue to insist on reforming the litigation procedure, given the mentality of litigants in our area, and the established tendency to prolong the litigation procedure by all available means.

  • Issue Year: 2013
  • Issue No: 35
  • Page Range: 223-238
  • Page Count: 16
  • Language: Serbian