Marko Knezevic

University of Novi Sad · Faculty of Law

We are honored and pleased to present to the scientific public the third edition of the Yearbook of the Serbian Association of International Law (SILA), the national branch of the International Law Association (ILA). The Yearbook of SILA is a thematic proceeding of scientific works of international importance that is published annually. Publicatio...

Legal representation by power of attorney in Serbian civil proceedings is limited in many ways in terms of choosing a representative. Not every legally competent person can be a representative – in addition to a lawyer, only a narrow circle of subjects, and in some cases only a lawyer. The paper attempts to provide an explanation that the fulfilmen...

The paper deals with specific problem regarding required joinder of parties in litigation, namely legal consequences of rendering the judgment despite the failure to join a necessary party, but with court's failure to detect the issue, i.e. is the lacking necessary party bound by judgement? Dominant opinion, both in domestic and foreign representat...

Harmonisation of case law by abstract legal opinions of plenary sessions of courts without any case pending before the court represent one of salient features of Socialist law, which survived the fall of Socialism. As it is present in most of European ex-Socialist countries, it is regarded, together with other features, as proof of survival of Soci...

Enforcement law reforms have not bypassed the enforcement of monetary claims against tangible property. The security right of an execution order acquired by an attachment levy (ger. Pfändungspfandrecht), since the previous Law on Enforcement and Security, is now acquired only by registration, at the request of the executive creditor. The paper trie...

Serbian Law on Public Information and Media, following its predecessor, prescribes so called one-sided appeal against a judgment in a litigation over the right to respond to information-appeal is not submitted to the other party. In addition, in such litigation, revision (second instance appeal on points of law) is inadmissible. In this paper such...

Revizija protiv presude u parničnom postupku je i u srpskom pravu tradicionalno shvatana kao pravni lek u kojem se ne može isticati pogrešno utvrđeno činjenično stanje - revizijska kontrola ocene dokaza bila je nemoguća. Izvorna redakcija Zakona o parničnom postupku iz 2011. godine, međutim, izričitom odredbom omogućava u određenim slučajevima tako...

U sudskoj praksi je odavno aktuelno pitanje uticaja gubitka preduzetničkog svojstva na stvarnu nadležnost u parničnom postupku. Današnje vladajuće shvatanje uspostavljeno praksom i pravnim shvatanjem VKS, smatra da gubitak takvog svojstva pre pokretanja parničnog postupka, u kojem učestvuje i drugi privredni subjekat, znači da privredni sud nije na...

(nemački) Neue Vollstreckungsrechtreform im Sinne des neuen Gesetzes über Vollstreckug und Sicherung kehrte in der serbischen zivilistischen Lehre sehr umstrittene Haftstrafe als die Vollstreckungsmittel bei der persönlichen Ansprüchen zurück. Bisher gestellte Argumente gegen diese Weg zur zwangsweise Herbeiführung der Verpflichtung, die der Schuld...

Even though parental authority ceases to exist with a child’s attainment of adulthood, or earlier if the child obtains legal capacity through emancipation, parenthood, as a personal relationship between the parent and the child, is not limited in time. In essence, it presupposes that parents take care of their children, even once the children have...

The paper examines question of substantial defenses in objection against enforcement order in present Serbian law. Substantial defenses are those related to claim enforced in execution procedure. The problem arises with deficient regulation in Enforcement and Security Act, as only performance of obligation and prolongation are mentioned, but withou...

The paper examines the question of the burden of proof for the facts that imply illegal immission as prerequisite of in rem removal claim. The approach is different to the standard doctrine and it is in according to the general rule of the burden of proof in litigation - so called modified norm theory. In the centre of the attention is distinction...

The article critically reexamines the cornerstone of the small claims procedure - the limited appeal against judgment. The critic is based on the constitutional level of limiting the control of the of the first instance court's fact conclusions, what is well established concept in Serbian law. However, the subjects of the analysis are the recent le...

New Code of Civil Procedure which was passed on 26th September 2011, and which is to be in effect on 1st January 2012 brought significant changes in the core of representation by counsel - litigation pro se and ability to be a counsel. The paper examines by which extent new regulation brings novelties in litigation. Further the possible dilemmas in...