Review article
https://doi.org/10.47960/2637-2495.2019.27.65
LEGAL CONSEQUENCES OF FAILURE TO SUBMITSTATEMENT OF DEFENSE
Mirjana Kevo
orcid.org/0000-0002-7483-5962
; Općinski sud Široki Brijeg, Široki Brijeg, Bosna i Hercegovina
Abstract
One of the many novelties brought by the Civil procedure Act of the Federation of Bosnia and Herzegovina from 2003, in order to increase the efficiency
of the trial, is that the delivery of the lawsuit and summoning defendant to file a
statement of defense has become a mandatory sub point at the stage of preparation
of the main hearing, while the delivery of the statement of defense became the duty of
the defendant. The court will deliver a copy of the lawsuit with its attachments to the
defendant in order of filing a written statement of defense, and in the summons to
court it will forewarn him to the legal consequences of failure to act. However, procedural law does not oblige any party to hold a particular court order, so the defendant
can be active at his choice and take civil action, i.e. to oppose the prosecutor’s request,
acknowledge the factual allegations and demands of his opponent, or remain passive, that is defend himself by failing to take civil action in order to protect his interests.
The aim of this paper is to analyze the institute of the statement of defense, with
special attention given to the failure of civil action for submitting a written statement of defense, which results in procedural decision – a default judgment, which
accepts the claim without discussion and evidence. The legal nature of the default
judgment is generally explored, possibility of accepting and the possibility of its
rebuttal are considered. Historical development of it will be considered beforehand. It will also point to the solutions in a comparative law
Keywords
lawsuit; statement of defense; default judgment; request for the return tostatus quo ante; appeal
Hrčak ID:
232899
URI
Publication date:
25.9.2019.
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