ВАНРЕДНА ПРАВНА СРЕДСТВА SUI GENERIS ПРОТИВ ПРАВНОСНАЖНОГ РЕШЕЊА О НАСЛЕЂИВАЊУ
EXTRAORDINARY LEGAL REMEDIES SUI GENERIS APPLICABLE AGAINST THE ENFORCEABLE DECISION ON INTESTATE SUCCESSION

Summary/Abstract: The mechanism of controlling the legality of enforceable judicial decisions reached in certain non-litigious matters comprises a corpus of extraordinary legal remedies envisaged in the Non-litigious Procedure Act In the probate procedure, being a non-litigious procedure par excellence, the legislator has explicitly excluded the application of some extraordinary legal remedies; however, in addition to a series of standard extraordinary legal remedies encountered in other non-litigious proceedings, the legislator has asserted certain legal remedies which are a distinctive characteristic of probate procedure only. Namely, those are the succession claims submitted after the judicial decision on succession has become enforceable; these claims are appropriated by the circumstances that occurred following the enforce-ability of the probate court decision, whereby the probate procedure is resolved on the merits of the case. In this paper, the author focuses on the so-called extraordinary legal remedies sui generis, which are a specific subsystem in the legal framework of extraordinary legal remedies applicable against the enforceable probate court decision, and discusses the mode and possibility of their application, the scope and significance of their effect.

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