TIME FRAMEWORK IN THE NEW SERBIAN CIVIL PROCEDURE ACT Cover Image

ВРЕМЕНСКИ ОКВИР У ЗАКОНУ О ПАРНИЧНОМ ПОСТУПКУ РЕПУБЛИКЕ СРБИЈЕ ИЗ 2011. ГОДИНЕ
TIME FRAMEWORK IN THE NEW SERBIAN CIVIL PROCEDURE ACT

Author(s): Čedomir Gligorić
Subject(s): Civil Law
Published by: Правни факултет Универзитета у Београду
Keywords: Time framework; Civile Procedure Act of 2011; Clearance rate; Pending cases;

Summary/Abstract: An important novelty in the recent Civil Procedure Act of 2011 deals with introducing „time framework“ set down to terminate civil cases within a reasonable time limit, and to break away from enduring trials. It was among the weakest points of the previous practice. The author analyzes effects of the former Civil Procedure Act of 2004 on clearance rate and its effects to the number of pending cases. Although in a period before 2010 clereance rate has shown a positive trend, a huge backlog of unsolved cases from previous years appears as a big burden for civil courts efficiency. This is why the new idea of „time framework“ was introduced by establishing innovative technical solutions (including single judge trial, audio and video taping of the hearing, more efficient way to obtain expert witness opinion, etc.), including an early consent of all actors of the case (judge and the two parties) about the expected duration of the trial. The author tries to point to positive aspects, along with some deficiencies of the new Act in that respect, and offers some suggestions for improvement.

  • Issue Year: 59/2011
  • Issue No: 2
  • Page Range: 344-359
  • Page Count: 16
  • Language: Serbian