SERBIA Law and Practice Contributed by: Aleksandar Ristić and Stefan Šilobad, Law Office Miroslav Stojanović
Interim judgment (međupresuda, Article 347 LCP) This may be adopted for practical reasons, for the purpose of structuring the proceedings in different phases. By adopting an interim judgment, the court first decides on whether the claim in question is jus - tified on its merits, postponing its decision on the actual amount of the claim until the interim judgment becomes final. Accordingly, the interim judgment gen - erally cannot be enforced. Supplementary judgment (dopunska presuda, Article 356 LCP) If the court fails to decide on all raised claims or any part thereof, a party may request that the court issues a supplementary judgment in that regard within 15 days from receipt of the initial judgment. A supple - mentary judgment has the effect of a final judgment, and is fully enforceable. Serbian law also recognises certain types of judg - ments that may be adopted by the court without fur - ther deliberation due to a specific action or inaction of the parties involved in the proceedings – namely, the following. Default judgment (presuda zbog propuštanja, Article 350 LCP) This is a decision granting the claim if the defendant – to whom the claim was served for the purpose of submitting a formal response to the claim – fails to submit it within the statutory deadline, provided that: • the claim was duly served to the defendant along with a notice regarding the consequences of its failure to respond; • the facts on which the claim is based are not con - trary to the evidence submitted by the claimant or to facts that are generally known; • the merits of the claim arise from the facts stated therein; and • there are no generally known circumstances indi - cating that justified reasons prevented the defend - ant from responding to the claim. A default judgment is fully enforceable once it becomes final.
and can dispose of a claim for procedural reasons. In contrast, judgments represent decisions on a claim adopted with respect to the merits of the dispute. Judgments Based on Nature of Relief Judgments may be broadly distinguished based on the nature of the relief granted therein. Condemnatory judgment (kondemnatorna presuda) This orders performance (ie, a positive action, such as payment of a certain amount or performance of a spe - cific action) or non-performance (ie, a negative action, such as prohibition from doing or an order to tolerate something). A condemnatory performance judgment is eligible for enforcement. Constitutive judgment (konstitutivna presuda) This establishes, amends or nullifies a right, legal sta - tus or legal relationship, thus directly affecting the par - ties involved. A constitutive judgment automatically becomes effective once it is final and binding, thus eliminating the need for its enforcement. Declaratory judgment (deklaratorna presuda) This clarifies (ie, determines) the existence or non- existence of a right, legal status or legal relationship. A declaratory judgment is not eligible for enforce - ment, although it may evidence the existence or non- existence of the respective right, legal status or legal relationship. Other Judgments While a judgment will generally be issued with respect to the subject matter of the dispute in a manner that resolves the dispute in its entirety, it is also possible for the court to adopt its decisions in several steps, in which case it may issue one of the following types of judgments. Partial judgment (delimična presuda, Article 346 LCP) This may be adopted in relation to one or more claims, counterclaims or parts thereof, which are ready to be decided upon (eg, owing to them being acknowledged by the other party or sufficiently proven in the course of the proceedings). A partial judgment has the same effect as a final judgment, and is fully enforceable.
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