TUŽBA U PARNIČNOM POSTUPKU (POJAM, VRSTE I ELEMENTI)
CLAIM IN A CIVIL PROCEDURE (CONCEPT, TYPES AND ELEMENTS)

Summary/Abstract: A claim is a very important legal document that represents initial procedural act in litigation. No claim, no litigation (nemo iudex sine actore). However, initiating of the litigation will depend primarily on whether the claim is properly composed. If the claim is incomplete or incomprehensible, the court will reject it. On the other hand, the prosecutor in the claim determines the limits of the claim, and determines the boundaries of discussions and decision-making in the judicial proceeding. It is therefore essential that the claim contains all the elements required by law. However, it is not enough theirs mechanical stating. The manner and style in which it is done are important, that make it understandable. In this paper, the author will try to analyze the statutory contents of the claim, and its mandatory and optional elements. The analysis is followed by characteristic examples from practice in order to improve understanding and application of legal provisions.

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