Original scientific paper
https://doi.org/10.30925/zpfsr.42.2.1
ON CERTAIN SPECIAL CASES OF ADJUDICATING THE COMPENSATION OF LITIGATION COSTS SEPARATELY
Mihajlo Dika
; Faculty of Law, University of Zagreb, Zagreb, Croatia
Abstract
The paper examines six procedural situations in which special provisions of the Civil Procedure Act regulate the possibility of requesting separate compensation for costs caused to one of the parties during the proceedings by the actions of the opposing party attributable to its guilt/occurrence associated with that party. It is a matter of reimbursement of costs caused by fi ling an (inadmissible or) unfounded
request for disqualifi cation of a judge, fi ling a motion for reinstatement, obstructing the service and its improper performance, untimely presentation of new facts and proposing new evidence and untimely submission of procedural briefs. After the analysis of the mentioned institutes, an attempt is made to determine their content de lege lata and to propose legislative corrections (de lege ferenda).
Keywords
costs of the proceedings; exemption of the judge; restitution; service; new facts and evidence
Hrčak ID:
262833
URI
Publication date:
25.9.2021.
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