ВРАЋАЊЕ У ПРЕЂАШЊЕ СТАЊЕ ПОЈЕДИНИХ ВАНПАРНИЧНИХ ПОСТУПАКА У РЕПУБЛИЦИ СРПСКОЈ
RETURN TO THE PREVIOUS STATE OF CERTAIN NON-LITIGATION PROCEEDINGS IN THE REPUBLIC OF SRPSKA

Summary/Abstract: The possibility of corresponding application of the rules of civil procedure in non-litigation matters, provided the participants of certain non-litigation proceedings to, in case of justified failure to undertake some procedural action, declare a proposal for restoration to the previous state, under the conditions prescribed by law. However, the application of this distinctly litigious procedural institute is not possible in all non-litigation procedures. Whether the participant in the non-litigation procedure will be able to provide himself with the possibility of undertaking the missed procedural action by a proposal for restoration to the previous state, depends primarily on the characteristics of the specific non-litigation procedure. In the paper, through the analysis of the characteristics of non-litigation proceedings, the possibilities of applying the procedural institute of returning to the previous state were examined, and suggestions were made for some possible future changes to the existing non-litigation procedural legislation.

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