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

AuthorMakfirete Krasniqi
PositionFaculty of Law, University of Pristina 'Hasan Prishtina', Kosovo
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
Judgment due to absence and Judgment due to disobedience/non-compliance
in contested procedure
PhD (C.) Mak rete Krasniqi
Faculty of Law, University of Pristina “Hasan Prishtina”, Kosovo
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, scienti 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.
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 con 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 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
scienti c knowledge and progress, since in the Republic of Kosovo, li le has been

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