Judgment due to absence and Judgment due to disobedience/non-compliance in contested procedure

• Author: Makfirete Krasniqi
• Position: Faculty of Law, University of Pristina 'Hasan Prishtina', Kosovo
• Pages: 41-55

European Journal of Economics, Law and Social Sciences

IIPCCL Publishing, Graz-Austria

Vol. 3 No. 1

January, 2019

ISSN 2519-1284

Acces online at www.iipccl.org

41

Judgment due to absence and Judgment due to disobedience/non-compliance

in contested procedure

PhD (C.) Makfi rete Krasniqi

Faculty of Law, University of Pristina “Hasan Prishtina”, Kosovo

Abstract

The paper presents the research of the two legal institutes of litigious procedure: the Judgment

due to absence and the Judgment due to disobedience/ non-compliance. These two judgments

are foreseen by the Law on Contested Procedure of the Republic of Kosovo. We are dealing

with the litigation procedure when the court issues one of these judgments

The purpose of the research is presented with particular regard to the theoretical and the

judicial practice that, as the court practically applies the law when the conditions are met

when issuing a judgment due to absence or a judgment due to disobedience/ non-compliance

in order that, the litigation procedure be without delay, court to be e cient and civil procedure

to have as li le expenditure as possible.

This research will contribute to professional, scientifi c and institutional entities such as judges,

law students, lawyer, judicial trainers and others.

Keywords: Judgment due to absence, Judgment due to disobedience/ non compliance, Law in

Contested Procedure.

Introduction

The Law on Contested Procedure of the Republic of Kosovo, no. 03/L-006, of June 30,

2008, and Law no. 04/L-118, of September 13, 2012 amending the Law on Contested

Procedures in its Chapter XI, which includes court rulings, where Article 142,

paragraph 2, provides that court rulings, which are given in the form of judgments or

decisions. Since we are dealing with judgments, the Law provides on the following

types of judgments:

-Partial judgment;

-Judgments based on confi rmation;

-Judgments based on withdrawal from the claim;

-Judgments due to disobedience/ non-compliance;

-Judgment due to absence;

-Judgment without a main hearing session.

Since in theory and court practice, a judgment due to disobedience / non-compliance

is presented as a novelty, where the Law on Contested Procedure only introduces for

the fi rst time, by way of a provision in its Article 150, which has many similarities

to the judgment due to absence, which is provided by Article 151, despite their

di erences and own characteristics, this is the motivation for the research.

Likewise, another motivation to explore the two legal institutes, judgment due to

absence and judgment due to disobedience/ non-compliance, is to contribute to

scientifi c knowledge and progress, since in the Republic of Kosovo, li le has been