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Stručni rad

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 ; Osnovni sud u Zvorniku, Zvornik, Bosna i Hercegovina


Puni tekst: bosanski pdf 350 Kb

str. 227-244

preuzimanja: 1.518

citiraj


Sažetak

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.

Ključne riječi

litigation; costs; lawsuit; partial withdrawal; success

Hrčak ID:

257736

URI

https://hrcak.srce.hr/257736

Datum izdavanja:

24.5.2021.

Podaci na drugim jezicima: bosanski

Posjeta: 2.514 *