Преиначење тужбе
Modification of a Lawsuit

Author(s): Gordana Stanković, Marijana Dukić Mijatović
Subject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Modofication of a lawsuit;Objective and subjective lawsuit modification;Conditions for lawsuit modification;Procedural contracts;
Summary/Abstract: Reforms in the area of Serbian civil procedural law at the beginning of this millennium were introduced either to improve the efficiency of proceedings and advance and protect the right to a trial in due time, as an element of the right to a fair trial and the right to a fair procedure, or to operationalize the discussion principle in order to transfer responsibility for the quality of meritorious decisions to litigants. Unlike the earlier changes in the area of civil procedure, legislative interventions that begun to take place recently have been motivated by the new legal political reasons. They largely refer to changes in traditional procedural institutes, as is the case with modification of a lawsuit. Changes regarding conditions for modification of a lawsuit were brought about in the provisions of the Law on Enforcement and Security (2015) and the latest amendments to the Law on Civil Proceedings (2018). What characterizes the new legal resolutions regarding modification of a lawsuit is strengthening of the principle of disposition regarding the contents of legal protection and strengthening of the autonomy of will and influence of procedural contracts on the procedure. On one hand, it is manifested as strengthening of a prosecutor’s disposition, who can modify a lawsuit for determining inadmissibility of enforcement during proceedings without the consent of a defendant and cause an objective modification of a lawsuit, or, in cooperation with an acquirer, without a defendant's consent, cause procedural succession as a consequence of substantive legal succession that occurred during a litigation by making an agreement, as a new type of procedural contract, which has its effect after being submitted to court and therefore causing a subjective modification of a lawsuit.

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