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Collected Papers of the Faculty of Law of the University of Rijeka / Raccolta di scritti della Facoltà di giurisprudenza dell'Università di Rijeka / Gesammelte Schriften der Rechtswissen, Vol. 42 No. 1, 2021.

Professional paper

https://doi.org/10.30925/zpfsr.42.1.12

CONTRADICTION OF RULES OF CIVIL PROCEDURE FOR AWARDING COSTS IN CASE OF PARTIAL WITHDRAWAL OF THE LAWSUIT

Adis Poljić orcid id orcid.org/0000-0002-6882-7800 ; Basic Court in Zvornik, Zvornik, Bosnia and Herzegovina

Full text: bosnian pdf 350 Kb

page 227-244

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Abstract

The subject of the paper is the contradiction of the rules of civil procedure for awarding costs in case of partial withdrawal of the lawsuit. The existence of contradictions is established on the basis of the analysis of the rules for deciding on the costs of civil proceedings in the case of partial withdrawal of the lawsuit and the rules for awarding costs in the case of partial success in litigation. A hypothetically set example shows what differences are made by applying these rules. Based on the rules for the interpretation of the law lex specialis derogat legi generali and lex posterior derogat legi priori, it is concluded that in case of partial withdrawal of the lawsuit, the rules for awarding litigation costs in case of partial success should be applied.

Keywords

litigation; costs; lawsuit; partial withdrawal; success

Hrčak ID:

257736

URI

https://hrcak.srce.hr/257736

Publication date:

24.5.2021.

Article data in other languages: bosnian

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