A VERDICT WITHOUT HEARING
In the paper the author analyses a verdict without oral hearing, as a special kind of verdict which can, according to the regulations of the Law on Legal Proceedings of Republic of Serbia (2011), be brought by the court of first instance during the preparatory procedure. The procedure for bringing t...
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| Format: | Article |
| Language: | English |
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University Business Academy in Novi Sad Faculty of Law for Commerce and Judiciary
2013-09-01
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| Series: | Pravo |
| Online Access: | https://casopis.pravni-fakultet.edu.rs/index.php/ltp/article/view/187 |
| Summary: | In the paper the author analyses a verdict without oral hearing, as a special kind of verdict which can, according to the regulations of the Law on Legal Proceedings of Republic of Serbia (2011), be brought by the court of first instance during the preparatory procedure. The procedure for bringing this verdict is based on the principle of literacy since the court, if the legal conditions have been fulfilled, brings a decision based on the writings after the reception of the response to the complaint. The author ascertains that this kind of verdict is not a completely new and unknown institute and that the legislator, motivated by the reasons of economy, has planned for this kind of verdict by which, concerning certain legal solutions and their implications, they have departed from a series of other fundamental principles such as the principle of equity, the principle of declaration, the principle of the spoken word or the principle of public hearing. Besides, to some extent, the new legal solutions eliminate a possibility for the court to bring this verdict more often in practice. |
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| ISSN: | 0352-3713 2683-5711 |