Serbian Civil Procedure Act (Zakon o parničnom postupku, ZPP) in brief
Zakon o parničnom postupku (ZPP): what it covers, current citation, statement of defence, appeal, revision, small claims and the key deadlines.
What the Civil Procedure Act (Zakon o parničnom postupku) covers and whom it applies to
Zakon o parničnom postupku, abbreviated ZPP, sets the rules under which a court hears and decides civil-law disputes: personal, family, employment, commercial, property and other disputes, except those for which a special statute prescribes a different type of procedure. It is a procedural statute. It does not say who is right, but how one proves before a court that one is right.
It applies to anyone involved in litigation as claimant, defendant, intervener, witness or expert, before basic, higher and commercial courts. Special procedural rules of other statutes also apply to certain disputes, for example the Family Act (Porodični zakon) or the Labour Act (Zakon o radu), and the ZPP then applies on a subsidiary basis. Enforcement of a judgment is governed by Zakon o izvršenju i obezbeđenju (Enforcement and Security Act).
Official citation: Zakon o parničnom postupku (Sl. glasnik RS, Nos. 72/2011, 49/2013 - Constitutional Court decision, 74/2013 - Constitutional Court decision, 55/2014, 87/2018, 18/2020 and 10/2023 - other statute). The latest direct amendment dates from March 2020 (No. 18/2020), while No. 10/2023 marks a change made through another statute: the Law on Judges (Zakon o sudijama, Sl. glasnik RS No. 10/2023, Art. 113 para. 2) provided that Art. 10 para. 3 and Art. 383 para. 7 of the ZPP ceased to apply on the day the High Judicial Council was constituted, 10 May 2023.
How the ZPP is structured
The Act has 508 articles in four parts:
- Part One, General provisions: basic principles, jurisdiction and composition of the court, recusal, parties and their representatives, attorneys-in-fact, submissions, time limits and hearings, records, service of documents, costs, legal aid.
- Part Two, Course of proceedings: the claim, statement of defence, preparatory hearing, main hearing, evidence (documents, witnesses, experts, examination of parties), judgment and ruling, the ordinary remedy (appeal) and extraordinary remedies (revision, request for review of a final judgment, reopening of proceedings).
- Part Three, Special procedures: employment disputes, collective agreements, trespass to possession, payment orders, small claims, commercial disputes and consumer disputes.
- Part Four: transitional and final provisions.
The most searched provisions of the ZPP
Trial within a reasonable time and the time frame (Art. 10 and 308). The court must conduct proceedings without delay, under a time frame set in advance. The parties therefore present all facts and evidence early. Later presentation is possible only exceptionally.
Content of the claim (Art. 98 and 192). The claim must contain a specific request, facts, evidence and the value of the dispute. The value of the dispute determines the court fee, the type of procedure and whether revision is allowed.
Statement of defence (Art. 297 and 298). The defendant responds in writing within 30 days and must state whether the claim is admitted or contested.
Default judgments (Art. 350 and 351). The first is given when the defendant does not respond to the claim, and the second when a duly summoned defendant does not attend the hearing in cases where the claim was not served for a written defence.
Representatives (Art. 85). The circle of persons who may represent an individual is limited. A legal entity may be represented by an attorney or by an employed law graduate who has passed the bar exam.
Costs (Art. 153). Costs are borne by the losing party, in proportion to success.
Appeal (Art. 367 and 374). A judgment may be challenged for a material breach of procedure, for incorrectly or incompletely established facts, and for misapplication of substantive law.
Revision (Art. 403 and 404). Revision is an extraordinary remedy decided by the Supreme Court. It is always allowed when the second-instance court reversed the judgment and decided on the parties' claims. Special revision is exceptionally allowed for the purpose of harmonising case law.
Employment disputes (Art. 438-441). The court pays particular attention to urgency. Revision is allowed in disputes on the establishment, existence and termination of employment.
Payment order (Art. 455-459). When a due monetary claim is proved by an authentic document, the court issues a payment order without a hearing. The defendant may challenge it only by objection.
Where to read the official text
The official consolidated text is available in the Legal Information System of the Republic of Serbia: Zakon o parničnom postupku at pravno-informacioni-sistem.rs. Procedural time limits under this Act are as a rule preclusive. That means a missed step cannot be taken later, except through restoration of the prior position. When a court document arrives, write down the date of receipt straight away, because almost every time limit runs from it.
Sources
- Civil Procedure Act (Zakon o parničnom postupku, Official Gazette RS Nos. 72/2011 ... 18/2020 and 10/2023 - other law), consolidated text
- Law on Judges (Zakon o sudijama, Official Gazette RS No. 10/2023), Art. 113
- News item on the Laws on the High Judicial Council, on Judges and on the Organisation of Courts applying from 10 May 2023, 5 June 2023 (paragraf.rs)
What to do
- The statement of defence is filed within 30 days of service of the claim with its attachments (Art. 297). If no defence is filed, the court may give a default judgment (presuda zbog propuštanja, Art. 350).
- An incomplete submission returned by the court for correction is resubmitted within eight days (Art. 101).
- Facts and evidence are presented at the preparatory hearing at the latest, or at the first main hearing if no preparatory hearing is held (Art. 308).
- An appeal against a first-instance judgment is filed within 15 days of service of the judgment, and within eight days in bill-of-exchange and cheque disputes (Art. 367).
- In small claims, up to the dinar equivalent of EUR 3,000, the appeal is filed within eight days (Art. 468 and 479).
- An objection to a payment order is filed within eight days, and within three days of service in bill-of-exchange and cheque disputes (Art. 457).
- Revision is filed within 30 days of service of the second-instance judgment; in property disputes it is not allowed if the value of the contested part does not exceed EUR 40,000, and in commercial disputes EUR 100,000 (Art. 403 and 485).
- A motion to reopen proceedings is filed within 60 days, counted according to the ground for reopening (Art. 428).
- A motion for restoration of the prior position (after a missed deadline) is filed within eight days of the reason for the default ceasing, and no later than 60 days after the default (Art. 110).
- The written judgment is drawn up within eight days of pronouncement, and in more complex cases the period may be extended by a further 15 days (Art. 354).
FAQ
What is the deadline for a statement of defence under the ZPP?
The period is 30 days from the day the claim with its attachments was served on you (Art. 297). The defence raises procedural objections, states whether the claim is admitted or contested and, if contested, sets out facts and evidence (Art. 298). In some special procedures, for example family disputes, the claim is not served for a written defence.
What if I do not respond to the claim?
If the claim was duly served with a warning about the consequences and no defence arrives in time, the court may give a default judgment upholding the claim, under the conditions in Art. 350. That is why a claim is dealt with as soon as it is received, not just before the deadline.
What is the deadline for appealing a judgment?
The general period is 15 days from service of the judgment (Art. 367). A shorter period of eight days applies in small claims (Art. 479) and in bill-of-exchange and cheque disputes. A timely appeal prevents the contested part of the judgment from becoming final.
Do I need a lawyer in civil proceedings?
No. A party may act in person or through a representative, and an individual's representative may be an attorney, a blood relative in the direct line, a brother, sister or spouse, or a representative of the municipal legal aid service (Art. 85). An attorney is mandatory in proceedings on extraordinary remedies, for example revision.
Who pays the costs of civil proceedings?
The party that loses the case entirely must reimburse the other party's costs. In case of partial success the court may order each party to bear its own costs, or one party to reimburse a proportional part to the other (Art. 153).
What is a small claim?
It is a dispute in which the claim concerns a sum of money not exceeding the dinar equivalent of EUR 3,000 at the National Bank of Serbia middle rate on the day the claim is filed (Art. 468). Disputes over real estate, employment disputes and trespass to possession disputes are not treated as small claims (Art. 469). The procedure is simpler and the grounds for appeal are narrower.