Fikcije o izjavljivanju žalbe u parničnom postupku
Fictions On The Statement Of The Appeal In The Legal Procedure

Summary/Abstract: Analyzed in this paper are the law fictions as a means of the law technique, which is used in different branches of the modern law as well as in the field of civil procedure. The author points to certain fictions in the domain of the procedural law concerning the dispositional legal operations such as fictions on bringing compalints and fictions on withdrawing complaints no matter if they were directly or indirectly formulated in the legal text and points to a special law phenomenon - to fictions on the statement of the appeal . Fictions on the statement of the appeal are encountered in the court of appeal procedure concerning the appeal to the decision by means of which a decision has been made on a possibly joined demands. They have resulted as a consequence of the legal gap which should have been filled by interpretation. The court practice has in this situation resorted to creating fictions on the statement of an appeal, thus practically contributing the court to participate in the law order elaboration. Fictions on the statement of the appeal, as a legal phenomenon occuring in the court practice due to the failures of the lawmaker to norm a procedural situation, represent a phenomenon to be studied and analysed in details. This law phenomenon, which has not attracted attention of processualists deserves not only to be the subject of a special analysis due to the basic concrete dilemmas it causes, pointed to by the author, but to be legally normed as well.

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