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Pravo i privreda
2015, vol. 53, iss. 1-3, pp. 114-124
article language: Serbian
document type: unclassified
published on: 08/07/2016
Iura novit curia
Beograd

Abstract

The Court know the law. Iura novit curia. This especially applies to procedural law because the Court the master of the proceeding - litigation proceeding as well as any other. Of course, it is necessary for Court to have a good knowledge of substantive law because the misapplication of substantive law is the reason for the appeal and revision. When it comes to substantive law, the Court takes it into account ex officio. On one example regarding the Courts decision on partial dismissal of the complaint in the part of the claim, which contains only three sentences to be imposed, author wanted to draw attention to several Courts mistakes that could be classified as beginners. That is unacceptable because - Iura novit curia.

Keywords