Compensation for damage caused by abuse of procedural rights in civil litigation

Autor: Rakočević Milka V.
Jazyk: English<br />Serbian
Rok vydání: 2017
Předmět:
Zdroj: Zbornik Radova: Pravni Fakultet u Novom Sadu, Vol 51, Iss 1, Pp 203-220 (2017)
Druh dokumentu: article
ISSN: 0550-2179
2406-1255
DOI: 10.5937/zrpfns51-12963
Popis: The paper discusses the issue of compensation for damage caused by the abuse of procedural rights as a measure within the oppressive apparatus for sanctioning the abuse of process in civil proceedings, which issue is, unlike others related to the idea of prohibition of abuse of rights within the system of civil procedure, the least treated in the procedural doctrine. The author deals with procedural aspects of certain essential issues that are important in the context of the matter concerned, highlighting the nature of the claim for damages caused by the abuse of process, the manner this right is realized (whether in the pending litigation or by initiating a separate civil procedure), the procedural form of the claim for compensation of damages, etc.
Databáze: Directory of Open Access Journals