International University of Travnik , Travnik , Bosnia and Herzegovina
Općinski sud Travnik , Travnik , Bosnia and Herzegovina
International University of Travnik , Travnik , Bosnia and Herzegovina
Article 70 of the Law on Civil Procedure of the Federation of Bosnia and Herzegovina ("Official Gazette of the Federation of Bosnia and Herzegovina", number: 73/05, 19/06 and 98/15; hereinafter: ZPP) prescribes the procedure for submitting a response to lawsuit. In this regard, Article 182 of the ZPP stipulates the possibility of passing judgment due to omission. In this paper, the authors will analyze the legal consequences of not submitting a response to the lawsuit. Bearing in mind the content of the principle of the rule of law, the aforementioned will be defined by analyzing the provisions that are prescribed as such by the ZPP as a procedural law that is applied in civil proceedings. Therefore, this paper points out the possibility of passing a verdict deciding on the claim, without applying the principle of adversariality, expressed by the content of the preliminary hearing and the main hearing in terms of the provisions of Articles 75 to 85 and Articles 97 to 110 of the ZPP, and caused by the defendant's passivity.
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