PRAVNI POLOŽAJ SUBJEKATA GRAĐANSKOPRAVNOG SPORA NEPOSREDNO PRIJE PODNOŠENJA TUŽBE
LEGAL POSITION OF SUBJECTS OF CIVIL LEGAL DISPUTE BEFORE FILING A LAWSUIT

Summary/Abstract: With the emergence of a civil dispute, between the subjects of civil law consequently there are certain restrictions on the subjective civil rights of one of the subjects of civil law in relation to the scope of civil rights of another subject. The emergence of a dispute between the subjects of a civil law relationship leads to a disagreement between them, regarding the way of understanding a certain life event in which the subjects of the disputed relationship are participants. Through this work, the author scientifically investigates the legal position of the subject of the disputed civil law relationship immediately before filing a lawsuit, with special emphasis on the protection of endangered civil rights through research into the best possible way to resolve the disputed civil law relationship. Also, the subject of this research is the legal position of litigants during the litigation in which is the defendant as a litigant remained passive, not engaging in discussion and contestation of the claim. The ultimate goal of this research is to find a certain modality of the manner of regulating civil litigation, in which in a certain way will be provided legal protection to subjects of disputed civil in way to resolve a certain civil dispute litigation without starting any civil action . In that way, the subject of the research will be restrictions on the right to file a lawsuit in order to select the subjects of the disputed civil law relationship that challenge the rights of the other side, which is a prerequisite for litigation to protect endangered and violated civil rights.

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