Article 2 · Lawful, equal and fair protection
Civil Procedure Act of the Republic of Serbia
The editorial analysis applies the right to lawful, equal and fair protection to the unequal practical burden of the cancelled hearing: CSR’s request was accepted while the unrepresented claimant reports travelling to court before learning of cancellation. Article 2 supplies the equality standard; it does not prescribe a medical-certificate form.
Short quotation from the source
Article 85(10) provides the narrower warning about engaging a representative for an unrepresented party who does not exercise rights through ignorance. Article 313 addresses factual clarification. Articles 2 and 5 protect equal treatment and an opportunity to respond. [Official ZPP, relevant provisions](https://www.vrh.sud.rs/sites/default/files/attachments/Закон%20о%20парничном%20поступку%2010-23.pdf).
Article 5 · Opportunity to respond
Civil Procedure Act of the Republic of Serbia
The editorial analysis invokes the opportunity to respond to the opponent’s claims and submissions when examining the claimant’s position during the adjournment. His later agreement to a date does not automatically endorse CSR’s stated reasons. Article 5 is not treated as a rule requiring an advance hearing of both parties before every scheduling change.
Short quotation from the source
Article 85(10) provides the narrower warning about engaging a representative for an unrepresented party who does not exercise rights through ignorance. Article 313 addresses factual clarification. Articles 2 and 5 protect equal treatment and an opportunity to respond. [Official ZPP, relevant provisions](https://www.vrh.sud.rs/sites/default/files/attachments/Закон%20о%20парничном%20поступку%2010-23.pdf).
Article 77 · Representative of a legal entity
Civil Procedure Act of the Republic of Serbia
The editorial analysis asks whether CSR could participate through its registered representative when its usual representative was reportedly ill. Article 77 identifies who represents a legal entity by the relevant register and governing rule, act or court decision; it makes the institution’s lawful representation options relevant to evaluating its request for cancellation.
Short quotation from the source
Articles 77, 85(4), 89(1)(3) and 89(2) distinguish the legal person's registered representative, an authorised employed law graduate who has passed the judicial examination (pravosudni ispit), and an attorney. Transfer by a non-attorney representative needs express authority. Any replacement must therefore be legally qualified and properly authorised. [Official ZPP, representation …
Article 85 · Representation and mandatory attorney for extraordinary remedies
Civil Procedure Act of the Republic of Serbia
Two different paragraphs matter in the editorial analysis: Article 85(4) permits CSR to use an attorney or an employed law graduate with the judicial examination passed; Article 85(10) requires the court to inform an unrepresented party who fails to exercise rights through ignorance about engaging a representative. These concern substitution and the claimant’s legal inexperience, not mandatory representation at this ordinary hearing.
Short quotation from the source
Articles 77, 85(4), 89(1)(3) and 89(2) distinguish the legal person's registered representative, an authorised employed law graduate who has passed the judicial examination (pravosudni ispit), and an attorney. Transfer by a non-attorney representative needs express authority. Any replacement must therefore be legally qualified and properly authorised. [Official ZPP, representation …
Article 89 · Scope and transfer of authority
Civil Procedure Act of the Republic of Serbia
The editorial analysis examines substitution for CSR’s unavailable representative. Article 89 distinguishes an attorney’s general power to transfer authority from a non-attorney representative’s need for express permission to do so. A substitute cannot be assumed authorised merely because that person also works for the institution.
Short quotation from the source
Articles 77, 85(4), 89(1)(3) and 89(2) distinguish the legal person's registered representative, an authorised employed law graduate who has passed the judicial examination (pravosudni ispit), and an attorney. Transfer by a non-attorney representative needs express authority. Any replacement must therefore be legally qualified and properly authorised. [Official ZPP, representation …
Article 106 · Electronic hearing notices
Civil Procedure Act of the Republic of Serbia
The editorial analysis identifies confirmed electronic notice as a lawful way to communicate cancellation before an unnecessary journey. Article 106 allows this method only where receipt can be confirmed; it does not prove that such a notice was sent or received in this case.
Short quotation from the source
Article 364(1) governs service of orders made outside a hearing; article 106 permits electronic cancellation notices with a return confirmation of receipt. [Official ZPP, articles 106 and 364](https://www.vrh.sud.rs/sites/default/files/attachments/Закон%20о%20парничном%20поступку%2010-23.pdf).
Article 108 · Adjournment and a new time frame
Civil Procedure Act of the Republic of Serbia
The editorial analysis tests the 28 August cancellation against exceptional adjournment grounds and the duty to set a new procedural time frame and hearing date. The order adds 42 days between hearings, but that interval alone does not establish breach of the one-third limit: the limit concerns the procedural time frame. The shown request does not explain why substitution or proceeding with the attending claimant was insufficient.
Short quotation from the source
Article 108(1) ZPP makes adjournment exceptional, expressly addressing the taking of evidence or the judge's inability to attend. Article 311(1) provides for continuing the main hearing with the attending party when the other, duly summoned party is absent. Article 310 requires checking summons and justification for absence when opening the hearing. [Official ZPP, articles 108 and …
Article 109 · Restoration after an excusable omission
Civil Procedure Act of the Republic of Serbia
Article 109 appears within the editorial analysis’s cited range on restoration after a missed procedural step. It requires an omission that caused loss of a procedural right and a justified reason. That mechanism differs from CSR’s advance cancellation request, so its conditions must not be presented as though CSR had already applied for restoration.
Short quotation from the source
The cited ZPP provisions do not prescribe a universal rule that every request must include a medical certificate. The precise issue is whether the reason establishes inability to attend at the relevant time and whether a practical alternative exists. For a later application for restoration after losing a procedural right, article 113(2) expressly addresses appropriate supporting or proposed evidence; that is a …
Article 110 · Application and deadlines for restoration
Civil Procedure Act of the Republic of Serbia
Article 110 supplies the deadlines and filing requirements within the editorial analysis’s reference to restoration after a missed step: eight days from cessation of the obstacle or later knowledge, with a sixty-day outer limit. Those are not deadlines imposed on CSR’s advance request to cancel the September hearing.
Short quotation from the source
The cited ZPP provisions do not prescribe a universal rule that every request must include a medical certificate. The precise issue is whether the reason establishes inability to attend at the relevant time and whether a practical alternative exists. For a later application for restoration after losing a procedural right, article 113(2) expressly addresses appropriate supporting or proposed evidence; that is a …
Article 111 · Excluded restoration applications
Civil Procedure Act of the Republic of Serbia
Article 111 belongs to the editorial analysis’s referenced restoration rules and excludes restoration for missing the restoration deadlines or the hearing on that application. It provides context for that separate remedy; it does not itself justify or prohibit the advance cancellation in this case.
Short quotation from the source
The cited ZPP provisions do not prescribe a universal rule that every request must include a medical certificate. The precise issue is whether the reason establishes inability to attend at the relevant time and whether a practical alternative exists. For a later application for restoration after losing a procedural right, article 113(2) expressly addresses appropriate supporting or proposed evidence; that is a …
Article 112 · Effect of a restoration application
Civil Procedure Act of the Republic of Serbia
Article 112 explains, within the analysis’s reference to restoration, that such an application does not automatically stop the litigation. It concerns the effect of an actual restoration application; the supplied CSR request is an advance adjournment request, not evidence that this separate procedure occurred.
Short quotation from the source
The cited ZPP provisions do not prescribe a universal rule that every request must include a medical certificate. The precise issue is whether the reason establishes inability to attend at the relevant time and whether a practical alternative exists. For a later application for restoration after losing a procedural right, article 113(2) expressly addresses appropriate supporting or proposed evidence; that is a …
Article 113 · Deciding a restoration application
Civil Procedure Act of the Republic of Serbia
The editorial analysis uses Article 113(2) to distinguish a supported restoration application from an advance adjournment request. When the former is not based on generally known facts, appropriate evidence must be submitted or proposed. That rule does not create a universal medical-certificate requirement for every advance illness-based request.
Short quotation from the source
… a later application for restoration after losing a procedural right, article 113(2) expressly addresses appropriate supporting or proposed evidence; that is a different procedural mechanism from an advance adjournment request. [Official ZPP, articles 109–113](https://www.va.vi.sud.rs/files/zakon_o_parnicnom_postupku.pdf).
Article 310 · Opening the main hearing
Civil Procedure Act of the Republic of Serbia
The editorial analysis cites the court’s duty at the opening of a hearing to check attendance, proper summons and reasons for absence. It identifies what would have to be checked if the September hearing opened; the text must not be read as proof that such an examination was recorded after the hearing had already been cancelled.
Short quotation from the source
… the attending party when the other, duly summoned party is absent. Article 310 requires checking summons and justification for absence when opening the hearing. [Official ZPP, articles 108 and 310–311](https://www.vrh.sud.rs/sites/default/files/attachments/Закон%20о%20парничном%20поступку%2010-23.pdf).
Article 311 · Absence from the main hearing
Civil Procedure Act of the Republic of Serbia
The editorial analysis contrasts CSR’s absence with Article 311(1), under which the hearing proceeds with the attending party when the other was duly summoned. Paragraph 2’s presumed withdrawal concerns both parties’ unjustified absence or refusal to plead. CSR’s representative being unavailable therefore does not automatically require adjournment or withdrawal of the claimant’s action.
Short quotation from the source
… the taking of evidence or the judge's inability to attend. Article 311(1) provides for continuing the main hearing with the attending party when the other, duly summoned party is absent. Article 310 requires checking summons and justification for absence when opening the hearing. [Official ZPP, articles 108 and …
Article 313 · Clarification through questions
Civil Procedure Act of the Republic of Serbia
The editorial analysis invokes the judge’s duty to obtain necessary factual explanations by questions. For a legally inexperienced claimant, this supports clarification of relevant facts; it is not a rule making the judge the claimant’s lawyer or treating his later agreement to a date as acceptance of all CSR’s reasons.
Short quotation from the source
Article 85(10) provides the narrower warning about engaging a representative for an unrepresented party who does not exercise rights through ignorance. Article 313 addresses factual clarification. Articles 2 and 5 protect equal treatment and an opportunity to respond. [Official ZPP, relevant provisions](https://www.vrh.sud.rs/sites/default/files/attachments/Закон%20о%20парничном%20поступку%2010-23.pdf).
Article 329 · Preparation after adjournment and appeal
Civil Procedure Act of the Republic of Serbia
Article 329(2) is used in the editorial analysis to explain why an adjournment ruling has no separate appeal. This does not excuse failure to examine whether postponement was justified or to notify the claimant in time; those questions remain distinct from the availability of an appeal against the scheduling order.
Short quotation from the source
Article 329(2) excludes an appeal against adjournment decisions. Article 365(1)–(2) requires reasons when a separate appeal is permitted. [Official ZPP, articles 329 and 365](https://www.vrh.sud.rs/sites/default/files/attachments/Закон%20о%20парничном%20поступку%2010-23.pdf).
Article 364 · Service of rulings made outside a hearing
Civil Procedure Act of the Republic of Serbia
The editorial analysis links Article 364(1) to the written cancellation order made outside a hearing: it is communicated by service of a certified copy. The 2 September postal stamp and the claimant’s reported receipt on 4 September must be kept distinct; only the latter is his account of delivery after the cancelled hearing date.
Short quotation from the source
Article 364(1) governs service of orders made outside a hearing; article 106 permits electronic cancellation notices with a return confirmation of receipt. [Official ZPP, articles 106 and 364](https://www.vrh.sud.rs/sites/default/files/attachments/Закон%20о%20парничном%20поступку%2010-23.pdf).
Article 365 · Reasons for a ruling
Civil Procedure Act of the Republic of Serbia
The editorial analysis notes that Article 365 requires reasons where a separate appeal is permitted. Because adjournment orders are non-appealable, absence of detailed reasons alone is not treated as proof of illegality. The concrete issue remains whether the displayed request justified postponement and whether cancellation was effectively communicated in time.
Short quotation from the source
Article 329(2) excludes an appeal against adjournment decisions. Article 365(1)–(2) requires reasons when a separate appeal is permitted. [Official ZPP, articles 329 and 365](https://www.vrh.sud.rs/sites/default/files/attachments/Закон%20о%20парничном%20поступку%2010-23.pdf).
Article 4 · Criteria for assessing trial duration
Act on Protection of the Right to a Trial within a Reasonable Time — cited provision
This provision is discussed in the separately identified editorial legal analysis, outside the reproduced submission or court decision.
Short quotation from the source
… and the parties' conduct all matter when evaluating reasonable time. Article 4 of the Law on Protection of the Right to Trial within a Reasonable Time requires an overall assessment, rather than an automatic threshold of a particular number of days. Its 2023 amendments did not change that article. [Official original law, article …
