Some Dilemmas Concerning Future Reforms of Civil Proceedings Cover Image

Неке дилеме поводом будуће реформе парничне процедуре
Some Dilemmas Concerning Future Reforms of Civil Proceedings

Author(s): Ranka Račić
Subject(s): Civil Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Default judgement;Review of the trial court decision;Tres-passing against the proceedings;Appellate court decision;
Summary/Abstract: Act on Civil Proceedings has been applied for nine years now in the entities of Bosnia and Herzegovina. That period is sufficient enough to assess and critically analyze the effects of public reform. Efficiency of civil proceedings was, apparently, one of the objectives of reforms of civil proceedings. However, legislator’s constant demand for the excessive efficiency has rendered the providing of legal protection and its control in the process of appeal more difficult, sometimes even impossible. This paper takes a critical view of certain solutions contained in acts on civil proceedings in both entities of Bosnia and Herzegovina with accent on particular procedural institutes which created serious dilemmas in practice as well as among scientific and professional community. The paper also offers answers to some of the issues concerning the course which should be taken in amending particular statutory provisions