Системске новине у преднацрту Закона о парничном поступку Републике Српске
Systemic Innovations in Draft Law on Civil Procedure of Republic of Serbia

Author(s): Oliver Antić
Subject(s): Civil Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Draft Law on Civil Procedure;Republic of Serbia;Legal certainty;Justice;
Summary/Abstract: In the Republic of Serbia, the reform of civil procedural legislation is currently underway. The Commission of Ministry of Justice has been assigned a task of drafting a Civil Procedure Act. The author discusses systemic innovations included in the draft version of the Act. At the drafting of this piece of legislation the Commission took into consideration, among other things, all the relevant recommendations of the European Council and adjudications of the European Court of Human Rights, and incorporated them accordingly. This act aims at eliminating one of the most frequent weaknesses of the contemporary legislation, i.e. serious discrepancy between legal norm on the one hand and its practical application on the other hand. Comprehensive reform of the Civil Procedure Act, starting from legal principle through capacity to sue and be sued, serving document, and expert investigation to extraordinary legal remedies presents an opportunity to bring into line substantive an procedural law and to achieve the primary purpose of the law: legal certainty and justice.

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