КОНСТИТУТИВНАТА ТУЖБА И ПРАВНИОТ ИНТЕРЕС ДА СЕ БАРА КОНСТИТУТИВНА ПРАВНА ЗАШТИТА
THE CONSTITUTIONAL LAW AND THE LEGAL INTEREST TO SEEK CONSTITUTIONAL LEGAL PROTECTION

Author(s): Dijana Gorgieva, Zorica Stoileva
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Makedonska akademija na naukite i umetnostite
Keywords: constitutive; lawsuit; legal interest; protection
Summary/Abstract: The constitutive lawsuit is a special form of request for legal protection in the civil litigation procedure by which the plaintiff asks the court to provide legal protection by changing his civil law relations, ie, their occurrence, change or termination. The constitutive legal protection may only be required when it is legally regulated and the subject of this protection may be only the transfigured rights. The content of the lawsuit requiring constitutive review is regulated ex lege. The subject of a constitutive petition can not be the civil legal relationship itself but the change required in it. The purpose of the legal protection required by the constitutive protection is exercised with the validity of the court decision, and the legal interest does not need to be proven.

• Details
• Contents