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08-02-2018

Judicial protection for obstruction to possession and servitudes

On 08 February 2018, the Academy of Justice within the Continuous Training Program organized training on: “Judicial protection on obstruction to possession and servitudes”.

The purpose of this training was to advance the knowledge of participants regarding judicial protection for obstruction to possession and servitudes.

In the first part of the training, was discussed the procedure related to disputes of obstruction to possession, the right of servitude as well as elements of the act of obstruction to possession and servitude. While in the second part were elaborated the terms of judicial protection in the disputes on obstruction to possession and servitude, as well as cases of judicial practice regarding these disputes. During this comprehensive training were also discussed the theoretical and practical aspects of judicial protection from obstruction to possession and servitude.

During the training was emphasized that in the procedure conducted for disputes due to obstruction to possession, as a special contested procedure that is regulated by the provisions of the Law on Contested Procedure, the court grants judicial protection to the person to whom the possessed item was taken or were caused obstacles during its use. With the legal provisions mentioned above it is possible to quickly and efficiently restore the disorderly factual situation, where the examination of the case according to the lawsuit on obstruction to possession, will be limited by the court only to ascertaining and proving the facts of the last state of possession and caused obstruction against it.

During the training was used a combined explanation methods, including theoretical explanations followed by practical examples.

Beneficiaries of this training were the judges of the Basic Courts and the Court of Appeal, General Department - the Civil Division, as well as the professional court associates.

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