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Copyright of Collected Papers of the Law Faculty of the University of Rijeka / Zbornik Pravnog Fakulteta Sveučilišta u Rijeci is the property of Pravni fakultet Sveucilista u Rijeci and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Through this work, the author scientifically investigates the existing way of regulating civil proceedings and the legal status of litigation parties after filing a lawsuit. A special review of the scientific research focuses on the investigation of the legal position of the defendant after the lawsuit is filed, and the legal consequences of him being passive. Through this work, the most optimal model and method of regulating the legal position of the defendant after the filing of the lawsuit, has been scientifically investigated, in cases where the defendant does not enter into litigation by submitting a response to the lawsuit, or takes part in the later course of civil proceedings. Considering that the existing legal solutions in Bosnia and Herzegovina differently regulate the consequences of the defendant being passive at the stage of filing of the claim, the method of regulating the course of the civil procedure in case of passivity of the defendant after the filing of the lawsuit has been scientifically investigated, both in Bosnia and Herzegovina and in the comparative legal systems. Furthermore some solutions were proposed based on a unified approach to the defendants passivity during the civil proceedings, while respecting the principle of affirmative litiscontestation, which was accepted in civil proceedings in Bosnia and Herzegovina. [ABSTRACT FROM AUTHOR]

The new Law on Legal Proceedings of the Republic of Serbia was brought in 2011 and its regulations were put into effect on February 1st, 2012. Although it does not represent a result of a complete reform of civil procedure, this law brings a series of novelties. Solutions regarding certain process institutes have been significantly changed and supplemented, and totally new institutes have been introduced to the civil procedure. On the other hand, regulations regarding certain process institutions were eliminated from the law, while certain institutions which had been omitted by regulations of the previous laws were returned. In this paper the author points to the novelties brought by the law, especially emphasizing essential changes, as related to the previous process law, which used to regulate the institutes of the civil procedure [ABSTRACT FROM AUTHOR]