Isticanje više tužbenih zahtjeva u jednoj tužbi
Submitting Multiple Statements of Claim Within Single Claim

Author(s): Jadranka Stanišić
Subject(s): Civil Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Alternative claim;Cumulative claim;Alternative obligation;Procedural facultas alternativa;Alternative authorisation;
Summary/Abstract: Author discusses issues of objective and subjective cumulation and alternation of statements of claim within single claim. Subjective and objective cumulation is allowed for by the Acts on Civil Proceedings of Republic of Srpska and Federation of Bosnia and Herzegovina, whereas conditional objective cumulation of claim is governed by family law. Acts on Civil Proceedings of B&H also regulate institutes of objective and subjective alternation of claim. Author compares institute of objective alternation of claim with alternative obligation at defendant’s choice. Institute of alternative obligation of debtor (facultas alternativa) is governed by the Law on Obligations. In cases involving facultas alternativa, claimant cannot submit claim alternatively, he can only claim what is owed to him under a contract, unilateral statement of will or statute. Author believes that the courts are mistaken when they, in the cases of alternative obligations, dismiss primary claim and admit secondary claim, because it is the question of single claim that can only be dismissed or admitted as a whole. This position is mainly justified by the fact that alternative obligations at defendant’s choice lay on the same factual and legal foundation. Author differentiates between institute of procedural facultas alternativa and institute of alternative authorization. Procedural facultas alternativa is a type of civil-law offer made to the defendant in the claim by which claimant gives the option to the defendant to be relieved from an obligation to return the thing owed by paying a sum of money. When debtor is, under article 409 of the Law on Obligations, authorized to perform other obligation instead of the obligation owed, claimant is bound to submit the claim conditionally, so that the court, in case of default on performing obligations, forces the debtor to perform other – alternative obligation.

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