Евентуално пасивно супарничарство
Possible Passive Litis Consortium

Author(s): Gordana Stanković
Subject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Litis consortium; Possible passive litis consortium; Statement of claim;
Summary/Abstract: Possible passive litis consortium, regulated by the rules of litigation procedure to remove disputes from legal relations as a pathological social phenomenon, is designated by different terms in the literature of procedural law. This is because the legislator did not name this procedural notion, which, as a special type of the so-called legal litis consortium differs significantly from other types of litis consortium. A possible passive litis consortium stands out due to its deviation from the general procedural rules applied in a litigation involving litis consortium and the court’s decision-making method. The fragmentary legal regulation of this procedural notion has resulted in numerous legal gaps that have been interpreted differently in court practice, leading to ongoing legal uncertainty.

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