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

Authors

  • Adis Poljić Judge, Basic Court in Zvornik, Bosnia and Herzegovina

DOI:

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

Keywords:

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. 

Additional Files

Published

2021-06-07 — Updated on 2023-12-20

Versions

How to Cite

Poljić, A. (2023). CONTRADICTION OF RULES OF CIVIL PROCEDURE FOR AWARDING COSTS IN CASE OF PARTIAL WITHDRAWAL OF THE LAWSUIT. Collected Papers of the Law Faculty of the University of Rijeka, 42(1), 227–245. https://doi.org/10.30925/zpfsr.42.1.12 (Original work published June 7, 2021)

Issue

Vol. 42 No. 1 (2021): Collected papers of the Law Faculty of the University of Rijeka

Section

ARTICLES

License

Copyright (c) 2021 Adis Poljić

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