Odgovor na tužbu - dužnost ili pravo, od prijema ili od dostave tužbe?
Statement of Defense - Obligation or Right, from the Receipt or from the Service of a Lawsuit?

Summary/Abstract: The concept of civil procedure in a domestic law is a concept which usually secures equal treatment of both parties through the procedure principles, among them a principle of contradiction. The statement of defense is one of the procedure institutes which makes it possible. It was regulated by the Law on Court procedure in civil procedures of the Kingdom of Serbs, Croats and Slovenes from 1929, then by Laws on Civil procedure of Federal People’s Republic of Yugoslavia/Social Federal Republic of Yugoslavia – 1957 and 1977, then in Federation of Bosnia and Herzegovina 1998, in Brčko District in Bosnia and Herzegovina in 2000 and finally in 2003 in Federation of Bosnia and Herzegovina and Republic of Srpska. These last laws have brought important changes in this institution, which partially have made this procedure more qualitative but have also brought dillemas, especially in a context of this institution and default judgement. With regard to the content of provisions about statement of defense, the questions which seek answers and explanation are: is the statement of defense the duty or obligation of the defendant, does the period of time for the statement of defense run from the receipt of a lawsuit or from the service of a lawsuit to the defendant, on which answers the entry of a default judgement depends. This is the frame of this work.

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