The Concept and the Legal Nature of Contumacy Cover Image

Pojam i pravna priroda kontumacije
The Concept and the Legal Nature of Contumacy

Author(s): Muhamed Cimirotić
Subject(s): Public Law, Sociology of Law
Published by: Pravni fakultet - Univerzitet u Zenici
Keywords: contumacy; failure to act; failure to reply to a complaint; recognition of facts; compliance with facts;

Summary/Abstract: The paper analyzes the concept and legal nature of contumacy, its impact on the course of completion of the proceedings and position of passive party. Doctrinal views have been presented briefly, i.e. what meaning can be presumed with the passive position of the party. The paper analyzes the failure to act (omission) as a form of contumacy and its consequences. The special emphasis is put on the failure to reply to a complaint as a form of contumacy which has the most severe consequence - Decision on the Merits - default judgment by which the request is adopted without discussion and argumentation.

  • Issue Year: 10/2017
  • Issue No: 20
  • Page Range: 71-91
  • Page Count: 21
  • Language: Bosnian