Attorney Dragana Djordjevic » Blog » Civile procedure act

Procedure of mediation in resolving disputes

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The Law on Mediation in Dispute Resolution (“Off. Herald of RS”, No. 55/2014) regulates the notion, principles, procedure and legal effect of mediation in resolving disputes, requirements for carrying out mediation, rights and duties of a mediator and training program for mediators.

Mediation is understood to mean any procedure, regardless of the name, whereby the parties voluntarily seek to settle their dispute through negotiation, with the assistance of one or several mediators, who assist the parties in reaching an agreement.

Mediation is applied in disputes wherein the parties may freely dispose of their claims, unless other law stipulates exclusive jurisdiction of a court or other authority, regardless of whether it is carried out before or after instituting court proceedings or other proceedings. Continue reading Procedure of mediation in resolving disputes →

Issuing a payment order

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Payment order shall be issued in special proceeding which is governed by the provisions of Articles from 455 to 466 of Civil Procedure Law.

Conditions for Issuing Payment Orders

When a civil claim is related to a pecuniary claim which is due, this claim shall be proven by a credible document enclosed with the complaint either as an original document or a certified transcript, the court shall issue an order to the respondent to settle the claim (payment order) on condition that it is accompanied by a proof on delivered request for payment due receivables.

The following shall be considered as credible documents:

  • public documents
  • private documents where the signature of the debtor is certified by a competent body
  • promissory notes and cheques with protest and return accounts if these are required for the foundation of the claim
  • extracts from business accounts
  • invoices
  • documents which are deemed as public documents pursuant to specific provisions Continue reading Issuing a payment order →

E-mail in civil proceeding

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E-mail (electronic mail), as a way of making submissions of briefs to court in civil proceeding, shall be valid if they fulfill the conditions laid down in Article 98, paragraph 2 and Article 129 of the Civil Procedure Code (“Official Gazette RS”, no. 72/2011, 49/2013 and 55/2014), and the conditions prescribed by the Law on electronic document (’’Official. Gazette RS’’, no. 51/09) and the Law on electronic signature (“Official Gazette RS”, no. 135/2004).

E-mail – conditions for validity according to provisions of the Civile Procedure Code

The Civil Procedure Code (“Official Gazette RS”, no. 72/2011, 49/2013 and 55/2014), introduced in civil proceeding modern technology such as e-mail by the provisions of Article 98, paragraph 2 and Article 129 Continue reading E-mail in civil proceeding →