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The Adversarial principle in Civil Litigation

Author(s): Arsen Janevski, Milka Rakočević
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Hearing of the parties;Adversarial principle;Procedural equality;Civil litigation;
Summary/Abstract: The article elaborates the concept and meaning of the principle of hearing the parties in the contemporary civil litigation, in the procedural theory also known as the adversarial principle. As one of the basic postulates of the civil litigation, the adversarial principle stands for a principle that is of exceptional importance for providing quality legal protection, due to the fact that its use pursues overriding goal – providing procedural equality of the parties in the procedure.The article deals with theoretical analysis of the essence of this basic principle. The focus of interest is set on its concept, meaning, function and goals that are being realized with its presence in the contemporary procedural systems.

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