The protection of possession
Protection in disputes for the protection of possession can be attained through the following actions a) for dispossession (interdictum recuperande possessionis) and b) with an action for the disturbance of possession (interdictum retinendae possessionis). The general feature of these disputes is th...
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| Format: | Article |
| Language: | English |
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University of Novi Sad, Faculty of Law
2011-01-01
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| Series: | Zbornik Radova: Pravni Fakultet u Novom Sadu |
| Subjects: | |
| Online Access: | http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2011/0550-21791103223P.pdf |
| Summary: | Protection in disputes for the protection of possession can be attained through the following actions a) for dispossession (interdictum recuperande possessionis) and b) with an action for the disturbance of possession (interdictum retinendae possessionis). The general feature of these disputes is that there is only discussion on the facts and not a legal matters. Subject matter jurisdiction for the resolution of such disputes belongs to the court of general jurisdiction, while the dispute itself is a litigation. The special rule of proceedings of action for disturbance are: provisionality of the protection of possession; urgency in proceedings; initiation of the proceedings; limiting of objection; prescribing temporary measures; rendering a ruling in the form of order; appeals which may be filed within a short deadline and which does not have suspensive effect (do not delay the execution of the order; revision is not allowed etc. |
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| ISSN: | 0550-2179 2406-1255 |