Sanda Ćorac, LLD*

JUDGEMENT BY FAILURE TO APPEAR – SOME OF THE CONDITIONS FOR ADOPTION FROM THE ASPECT OF COURT PRACTICE

Summary

The defendant/respondent who failed to come to the preparatory hearing or to the first hearing for the main hearing may be sanctioned, so the procedural inactivity of the orderly summoned defendant/respondent, with the fulfillment of the conditions prescribed by the Civil Procedure Law, may result in passing of a judgement by failure to appear. The paper analyzes, through the stances from court practice, some issues related to the adoption of this unilateral judgment and the cumulative fulfillment of the conditions exhaustively prescribed by Article 351, paragraph 1, items 1-5 of the Civil  Procedure Law.

Key words: judgments on the basis of dispositive actions of the parties, judgement by failure to appear, conditions for passing, court practice related to judgement by failure to appear.

 

 


 



* Assistant Professor, Faculty of Law, University of Kragujevac.