VRAĆANjE U PREĐAŠNjE STANjE U PARNIČNOM PROCESNOM PRAVU REPUBLIKE SRBIJE

Abstract

The paper deals with the procedural institution of restitutio in integrum (restitution in previous condition) through the analysis of the conditions stipulated by the law and the reasons (justified and unjustified) that the court is guided by. This procedural instrument aims to protect the parties in a proceeding from the legal consequences of missing a deadline or a hearing, if there are justified reasons for that omission. At the same time, the law does not regulate specifically what is considered a justified reason, so this term is considered a standard whose more detailed determination is given by the courts, through their interpretations of this term in court practice.