CONTRADICTION OF RULES OF CIVIL PROCEDURE FOR AWARDING COSTS IN CASE OF PARTIAL WITHDRAWAL OF THE LAWSUIT
DOI:
https://doi.org/10.30925/zpfsr.42.1.12Keywords:
litigation; costs; lawsuit; partial withdrawal; success.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.
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- 2023-12-20 (2)
- 2021-06-07 (1)
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Copyright (c) 2021 Adis Poljić
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