PRAVNE POSLJEDICE PASIVNOG DRŽANJA TUŽENOG NAKON PODNOŠENJA TUŽBE SA POSEBNIM OSVRTOM NA ZAKONSKA RJEŠENJA U BOSNI I HERCEGOVINI
THE LEGAL CONSEQUENCES OF THE RESPONDENT’S PASSIVITY AFTER FILING A LAWSUIT WITH SPECIAL REFERENCE TO LEGAL SOLUTIONS IN BOSNIA AND HERZEGOVINA

Summary/Abstract: Through this work, the author scientifically investigates the existing way of regulating civil proceedings and the legal status of litigation parties after filing a lawsuit. A special review of the scientific research focuses on the investigation of the legal position of the defendant after the lawsuit is filed, and the legal consequences of him being passive. Through this work, the most optimal model and method of regulating the legal position of the defendant after the filing of the lawsuit, has been scientifically investigated, in cases where the defendant does not enter into litigation by submitting a response to the lawsuit, or takes part in the later course of civil proceedings. Considering that the existing legal solutions in Bosnia and Herzegovina differently regulate the consequences of the defendant being passive at the stage of filing of the claim, the method of regulating the course of the civil procedure in case of passivity of the defendant after the filing of the lawsuit has been scientifically investigated, both in Bosnia and Herzegovina and in the comparative legal systems. Furthermore some solutions were proposed based on a unified approach to the defendants passivity during the civil proceedings, while respecting the principle of affirmative litiscontestation, which was accepted in civil proceedings in Bosnia and Herzegovina.

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