ВАНРЕДНИ ПРАВНИ ЛЕКОВИ У ПОСТПКУ ЗА РАСПРАВЉАЊЕ ЗАОСТАВШТИНЕ У ФУНКЦИЈИ ОСТВАРИВАЊА ПРАВА НА ПРАВНИ ЛЕК
EXTRAORDINARY LEGAL REMEDIES IN PROBATE PROCEDURE IN THE FUNCTION OF EXERCISING THE RIGHT TO A LEGAL REMEDY

Summary/Abstract: The probate procedure is initiated and carried out ex officio for the purpose of establishing legal effects in succession after a person's death as well as for determining the measures for protecting , the succession estate and securing the participants rights. In principle, this special method of legal, protection offers sufficient possibility and guarantees to yield effect and make a lawful decision. Despite the careful consideration of facts and examination of evidence, either those presented by the interested parties or those personally obtained (on the successors, the contents and the scope of their rights, the scope of the succession estate, etc), the probate court may slip into some procedural irregularity both in the course of the probate proceeding or while reaching the judicial decision. The "mistakes" of the court may be rectified by claiming both ordinary legal remedies and extraordinary legal remedies. This right is also guaranteed in the new Constitution of the Republic of Serbia (Act. 36, p.2) to all the participants in the probate procedure. The subject matter of this paper are the extraordinary legal remedies which may be claimed against a decision reached in the course of the probate procedure. The author's observation is primarily focused on the practice of probate courts and practical application of these legal remedies, which are an integral and indivisible part of the unified system of legal protection. The aim of this paper is to analyze the judicial practice and to consider how these legal remedies are applied in succession law, the scope of applicability of extraordinary legal remedies in probate procedure, the most frequent reasons for claiming these remedies, the exercise of the right to a trial within a reasonable time, and the degree of legal protection of succession rights which can be achieved by these legal remedies.

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