Pravni položaj parničnih stranaka u slučajevima objektivne preinake tužbe tokom pripremnog ročišta
Legal Position of the Litigation Parties in Terms of Objective Amendment of a Lawsuit During Preparatory Hearing

Summary/Abstract: The transformation of the lawsuit as a dispositive litigation right of the plaintiff, although it is an exception to the rule that a litigation process ends over the lawsuit that has been initiated upon, is very often present in litigation. Given that this is a legal institute that appears after the filing of a lawsuit, during the process of litigation, the manner of regulating the ways of modifying a lawsuit consequently significantly affects the overall legal position of litigants during litigation. In order to achieve full equality of litigants during litigation, this thesis has scientifically explored the legal position of litigants regarding to the objective amendment of the lawsuit during the preparatory hearing, with a special emphasis on the analysis of degree of unconditionality of the plaintiff’s right to change the lawsuit, the right and possibility of defendant to oppose to such changes, then the role of the court regarding the admissibility of the amendment of the lawsuit, and finally the right of the respondent to take sufficient time to acquaint himself with the content of the amended lawsuit as well as the grounds for such amended claim.

• Details
• Contents