GENERAL AND SPECIAL RULES OF CIVIL PROCEDURE IN FAMILY MATTERS, WITH SPECIAL REFERENCE TO THE RULES REGARDING REGULAR LEGAL REMEDIES Cover Image

OPĆA I POSEBNA PRAVILA PARNIČNOG POSTUPKA U PORODIČNIM STVARIMA, SA POSEBNIM OSVRTOM NA PRAVILA U POGLEDU REDOVNIH PRAVNIH LIJEKOVA
GENERAL AND SPECIAL RULES OF CIVIL PROCEDURE IN FAMILY MATTERS, WITH SPECIAL REFERENCE TO THE RULES REGARDING REGULAR LEGAL REMEDIES

Author(s): Dženana Brković, Dunja Rojević
Subject(s): Civil Law, Family and social welfare
Published by: Pravni fakultet - Univerzitet u Zenici
Keywords: marital disputes and parent-child disputes; civil proceedings; general rules of civil procedure; legal remedies; principles of urgency;

Summary/Abstract: Civil procedure is conducted according to the rules that settle disputes in civil matters and provide protection for endangered or injured subjects. According to the rules of civil procedure, the competent courts discuss and decide in civil disputes, labor disputes , property disputes and other civil-law matters of physical persons and corporations , and in disputes over personal and family matters, when the general rules of civil procedure apply, all with the aim of providing legal protection to citizens. In legal proceedings in family matters in the Federation of Bosnia and Herzegovina, the norm of the Law on Civil Procedure and the Family Law of the Federation of Bosnia and Herzegovina,are applied which for this type of dispute is not only substantive but also procedural law, because it partially regulates the procedure in these things, with their specific rules and principles inherent in precisely these types of disputes. It should be noted that the law prescribes the Family Laws of the Federation of Bosnia and Herzegovina according to which courts act not only in special litigation proceedings, but also in non-litigation proceedings and special enforcement and insurance proceedings. In this paper the emphasis is in litigation, based on general and special rules of civil procedure in family matters. According to the rules of civil procedure law, courts act even after making court decisions, since these rules also regulate the institute of legal remedies which enable the parties in civil proceedings to annul court decisions within the preclusive deadlines for legally prescribed appellate reasons, if it is considered that the annuled decision is incorrect and illegal. However, the Family Law for the Federation of Bosnia and Herzegovina does not regulate the issue of legal remedies against court decisions, which ultimately leads to noncompliance with the basic and temporal principle of family law - the principle of urgency, which in its practical application means acting in shorter time, which is why it is necessary to shorten the deadlines in the part of legal remedies. In conclusion, de lege ferenda, it is proposed to fully regulate the norms of positive procedural litigation legislation in the part of the Chapter „Legal Remedies“ or to regulate the institute of legal remedies in the valid Family Law of the Federation of Bosnia and Herzegovina.

  • Issue Year: 13/2020
  • Issue No: 26
  • Page Range: 83-96
  • Page Count: 14
  • Language: Bosnian
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