ON CERTAIN SPECIAL CASES OF ADJUDICATING THE COMPENSATION OF LITIGATION COSTS SEPARATELY

Authors

  • Mihajlo Dika University of Zagreb, Faculty of Law

DOI:

https://doi.org/10.30925/zpfsr.42.2.1

Keywords:

costs of the proceedings; exemption of the judge; restitution; service; new facts and evidence.

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).

Additional Files

Published

2022-02-16 — Updated on 2023-12-15

Versions

How to Cite

Dika, M. (2023). ON CERTAIN SPECIAL CASES OF ADJUDICATING THE COMPENSATION OF LITIGATION COSTS SEPARATELY. Collected Papers of the Law Faculty of the University of Rijeka, 42(2), 263–283. https://doi.org/10.30925/zpfsr.42.2.1 (Original work published February 16, 2022)

Issue

Vol. 42 No. 2 (2021): Collected papers of the Law Faculty of the University of Rijeka

Section

ARTICLES

License

Copyright (c) 2022 Mihajlo Dika

Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

Collected Papers is an open access journal. Journal does not charge article processing charges (APC) to authors. It is licensed under CC BY-NC licence 4.0.

Collected Papers of the Law Faculty of the University of Rijeka" is an Open Access journal. Users are allowed to read, download, copy, redistribute, print, search and link to material, and alter, transform, or build upon the material, or use them for any other lawful purpose as long as they attribute the source in an appropriate manner according to the CC BY licence.
The papers published in "Collected Papers of the Law Faculty of the University of Rijeka" can be deposited and self-archived in the institutional and thematic repositories providing the link to the journal's web pages and HRČAK.

Upon acceptance of the manuscript for publication by this journal, the author can publish same manuscript in other journals only with the permission of the Editorial Board (secondary publication). A repeated publication should contain a notice as to where the manuscript was originally published.