Occurrence of declaratory action in the Serbian civil procedure

Abstract

Subject of this analysis is an occurrence of declaratory action in the Serbian code of civil procedure. Provocative actions had existed in the Serbian law until the adoption of Yugoslav Act 1929. Provocative actions were abolished by the explicit introduction of declaratory action in domestic legal system. If we take into consideration that declaratory action has been a novelty in domestic law, and is existing up today, with minor changes, than we should mention its original features. Consequently, the paper analyses the reasons of creation, concept, features, subject of declaratory action, and issues of legal interest, as an essential component of declaratory action.

Keywords

• civil procedure
• provocative action
• declaratory action
• legal interest
• the principle of the process economy