Противречна и погрешна законска решења у поступку у парницама о споровима мале вредности
Contradictory and Wrong Legal Decisions in the Procedure in Low-value Dispute Litigations

Author(s): Gordan Stanković
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Civil procedure; Procedure in low-value dispute litigations; The value of a dispute subject matter;
Summary/Abstract: The manner in which the special civil procedure for resolving low-value disputes in the Republic of Serbia is regulated in the Law of Civil Proceedings (2011), unlike the legal solutions from the Law of Civil Proceedings (2004), did not give the expected results in practice due to the wrong acting of the legislator, especially in terms of efficiency, economy and the realization of the principles of a trial in due time. The situation was further aggravated by the particularly high census regarding the value of the dispute subject matter, and also by the incorrect and inconsistent applications of the rules of this special litigation procedure in court practice. The parties have also contributed to the inefficiency and economy of the procedure in these litigations to a certain extent by their procedural behavior. Given that the Law of Civil Proceedings (2011) appeared in a wave of transitional legal reforms characterize by a real legislative stampede, it is necessary to correct the wrong legal-political and legal-technical solutions. In order to eliminate the observed normative shortcomings of the special legal procedure in low-value disputes, during the work on the amendments to the Law on Civil Proceedings in 2021, certain changes in the procedure were proposed that should eliminate the shortcomings in the legal text and enable this procedure to be efficient and economical.

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