AREAS OF PRACTICE

Civil Procedure is conducted before the court to resolve disputes between individuals or legal entities. These situations arise when there is opposition regarding the rights and obligations of the parties—whether concerning property, contracts, labor, or liability.

The most common areas of civil procedure include:

• Property Disputes
  Disputes related to ownership and other real rights: These disputes include issues related to the ownership of real estate and movable property, usurpation, and protection of rights.

• Debt Disputes
  Issues related to unpaid obligations, such as unsettled loans, loan agreements, etc.

• Family Disputes

  • Maintenance Disputes: These disputes involve matters of spousal, child, or other family member support.

  • Establishing or Disputing Paternity: Disputes regarding the establishment or contesting of paternity, as well as inheritance rights.

• Inheritance Disputes

  • Inheritance Disputes: Resolving issues related to wills, inheritance rights, division of the estate, and disputes regarding inheritance rights, including violations of the compulsory portion.

  • Establishing Inheritance Rights: The process of proving inheritance rights in cases where a will is contested or the heir is unclear.

• Labor Disputes

  • Disputes between Employers and Employees: These cover issues such as contract termination, salary disputes, unpaid wages, protection of worker rights, workplace discrimination, and workplace injuries.

  • Protection of Employee Rights: When employees’ rights are violated, they can initiate civil proceedings to protect those rights.

• Commercial Disputes

  • Disputes between Merchants: These involve issues related to commercial contracts, contract terminations, liability for damages in commercial transactions, and consumer protection.

  • Competition and Market Protection Disputes: Issues related to unfair competition, monopoly bans, and market practices that violate the law.

• Contract Disputes

  • Disputes Related to Contract Execution: These arise when one party fails to fulfill their contractual obligations, such as unmet contracts for buying and selling, leasing, construction, etc.

  • Disputes Related to Contract Termination: When a contract is terminated by one party, civil proceedings may be necessary to determine the consequences of such a termination.

• Disputes with Insurance Companies

  • Insurance Claim Disputes: These involve cases where an insurance company refuses to pay compensation for damages or an undesirable event in accordance with the insurance contract.

Legal Assistance

We provide legal assistance throughout all stages of the procedure: preparing the lawsuit, representation before the court, legal remedies (appeals, revisions), and peaceful dispute resolution when possible.

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According to the Law on Non-Contentious Procedure of the Republic of Serbia, the most common types of non-contentious proceedings include:

• Personal Status Matters: These decisions address issues such as establishing or contesting the existence of a marriage, declaring a missing person deceased, and other matters relating to an individual’s legal status.

• Family Relations: This includes procedures related to guardianship, adoption, and other family-related matters.

• Property Relations: These procedures involve matters like the division of joint property, resolving issues of co-ownership, and other property-related disputes.

• Other Non-Contentious Matters: This includes various legal matters that are resolved in a non-contentious procedure by law, such as determining compensation for expropriated real estate, managing and using common property, dividing jointly owned property, and boundary disputes.

Procedure:

The non-contentious procedure is initiated by a proposal from an individual or legal entity, or by an organ designated by this or other laws. The court may initiate the procedure ex officio in cases and under conditions specified by law.

In non-contentious procedures, the court issues decisions in the form of rulings, and these rulings can be appealed within 15 days from the date the copy of the ruling is delivered, unless otherwise specified by this or other laws.

Enforcement Procedure is a method of exercising a creditor’s rights when the debtor fails to fulfill their obligations, most commonly regarding debt payments. This procedure enables the creditor, through a public enforcement officer and with the application of legal measures, to enforce their rights. Enforcement can cover various obligations, such as monetary debts, maintenance, or fulfillment of other property rights. Our office provides a fast and efficient legal framework for carrying out the enforcement procedure, ensuring quick and lawful resolution of our clients’ claims.

Types of Enforcement Procedures:

1. Enforcement Based on an Enforcement Document

Enforcement procedures based on an enforcement document are initiated when there is already a final decision or another act that has enforcement power. This means that the obligation to be enforced has already been established by a final court ruling, arbitration, etc. The creditor can initiate the procedure with the aim of enforcing their claim through coercive means.

Examples of Enforcement Documents:

• Final Court Judgments: Decisions that have become final and enforceable, such as rulings in civil procedures.

• Court Settlements: Agreements reached between parties in dispute that have been validated by the court and are now enforceable.

• Non-Contentious Procedure Decisions: Decisions made in non-contentious procedures, such as maintenance or guardianship rulings.

• Arbitration Decisions: Decisions made by arbitration courts, which have the same power as court judgments.

• Contracts with Enforcement Clauses: Agreements where the party owing money has explicitly agreed to enforcement in case of non-payment.

Procedure: The creditor submits a proposal for enforcement, and the court issues a ruling based on the enforcement document.

• For authentic documents, an objection suspends the enforcement process, whereas, for enforcement documents, an appeal does not suspend the enforcement.

2. Enforcement Based on an Authentic Document

An enforcement procedure can also be initiated based on authentic documents, which are generally not enforceable but are recognized by law as sufficiently reliable to allow enforcement.

Examples of Authentic Documents:

• Invoices: Documents such as bills or other records for services rendered or goods sold.

• Promissory Notes: Strictly formal financial instruments.

• Extracts from Business Books: Business records kept by enterprises that confirm a debt.

Procedure: The creditor submits a proposal for enforcement, and the court issues a decision based on the authentic document. If the debtor objects to the document, the case is transferred to civil proceedings for the court to review the merits of the dispute.

Criminal Procedure Legal Assistance

Our law office provides comprehensive legal assistance and representation throughout all stages of the criminal procedure, both for the accused and the injured parties.

We represent clients in procedures for all criminal offenses, including:

Criminal Offenses:

• Crimes Against Life and Body

• Crimes Against Property

• Crimes Against the Economy

• Traffic Safety Offenses

• Crimes Against Honor and Reputation

• Economic and Tax Crimes

• Drug Abuse Crimes

• Crimes Involving Violence and Domestic Violence

Legal Assistance for the Suspected and Accused:

Representation of individuals facing criminal proceedings includes:

• Presence during interrogations by the police and prosecution.

• Filing objections to the indictment.

• Preparation of defense and procedural strategy.

• Representation during the main hearing and all hearings.

• Filing legal remedies (appeals, requests for a retrial, extraordinary legal remedies).

• Representation in procedures for determining or lifting detention.

Legal Assistance for Victims:

If you are a victim of a criminal offense, we protect your rights through:

• Filing a criminal complaint.

• Joining as a victim in the proceedings and exercising the right to compensation.

• Participation in the evidentiary procedure.

• Assistance in asserting property claims within the criminal proceedings.

Procedures for Complaints and Extraordinary Legal Remedies:

We provide legal assistance in procedures:

• For complaints against the prosecutor’s office.

• For requests to protect legality.

• For requests to repeat the criminal procedure.

If you need support or further details, feel free to contact us. We are here to ensure your rights are protected and to navigate you through the criminal procedure effectively.

Our law firm provides legal assistance and representation in all types of misdemeanor proceedings, which are conducted for minor legal violations, most commonly in the areas of traffic, public order and peace, labor relations, tax regulations, and municipal rules.

Common Misdemeanor Cases:

1. Traffic Offenses:

   • Driving under the influence of alcohol or psychoactive substances

   • Speeding

   • Driving without a valid license

   • Running a red light, etc.

2. Public Order and Peace Violations:

   • Disturbing public peace

   • Failure to comply with regulations on public gatherings

   • Disturbance of the peace and quiet

   • Aggressive behavior towards public officials, etc.

3. Tax Offenses:

   • Failures in maintaining business documentation

   • Non-reporting of income

   • Late tax filings

   • Working without proper documentation

   • Failure to issue fiscal receipts, etc.

4. Municipal and Inspection Offenses:

   • Working without permission

   • Violations of building, sanitary, and other local regulations

Services We Provide in Misdemeanor Procedures:

• Defense in proceedings before misdemeanor courts and other competent authorities

• Filing appeals and extraordinary legal remedies

• Consultation on settlement options for case resolution

• Representation in proceedings to lift driving bans

• Protection of client rights in cases involving fines, bans on activities, or other sanctions

Legal Assistance in Procedures before the Real Estate Cadastre

Our law firm provides comprehensive legal services related to procedures before the Real Estate Cadastre, ensuring the proper registration, correction, and protection of real estate rights. We assist both individuals and legal entities with the following services:

1. Registration of Property Rights:

   • We provide assistance in registering ownership rights, mortgages, easements, encumbrances, and other real property rights in the Cadastre.

   • Our team prepares the necessary documentation for the registration of these rights, ensuring compliance with all legal requirements.

2. Correction of Errors in the Property Register:

   • We offer legal support in correcting errors in the Cadastre, such as discrepancies in ownership, boundaries, property descriptions, or other inaccuracies.

   • Our firm handles the entire process of filing requests for corrections and ensuring that the property records are accurate and up to date.

3. Preparation and Submission of Requests:

   • We assist in preparing and submitting all necessary documentation to the Real Estate Cadastre, including applications for registration, changes in property rights, and other related requests.

   • We ensure that all documentation is properly prepared and in accordance with the legal procedures required by the Cadastre.

4. Filing Complaints and Administrative Disputes:

   • In case of illegal or incorrect actions by the Real Estate Cadastre, we provide representation in filing complaints and initiating administrative disputes.

   • Our firm handles cases of unlawful decisions or delays by the Cadastre, working to protect your rights and resolve the issue promptly.

With our experience and expertise in property law, we ensure a smooth and efficient process in all dealings with the Real Estate Cadastre, providing our clients with the best possible legal support.

We represent clients in the legalization procedures for illegally constructed buildings before local government authorities. These procedures require the gathering of extensive evidence and adherence to precise legal requirements. We provide support through:

• Analyzing the fulfillment of conditions for legalization,

• Collecting and completing the necessary documentation,

• Monitoring the progress of the procedure, responding to requests for additions and rejections,

• Filing appeals and providing legal protection in case of a request rejection.

We provide full legal support in the procedures for issuing construction and occupancy permits, as well as in obtaining location conditions and urban planning approvals.
We represent investors, individuals, and legal entities in:

• Preparing and submitting applications,

• Communicating with relevant authorities,

• Removing obstacles in the process and resolving disputed situations,

• Appeal and administrative court procedures in case of a rejection of the application.

We represent individuals and legal entities whose property is subject to expropriation or land consolidation.

In cases of expropriation:

• We protect the rights of property owners during the proposal and implementation of expropriation.

• We represent clients in negotiations and disputes regarding compensation.

• We file legal remedies against unlawful decisions and provide full protection in administrative disputes.

In cases of land consolidation (merging and redistribution of land):

• We monitor our client’s interests during the preparation of the land consolidation plan.

• We respond to issues of unequal distribution or violations of property rights.

We provide assistance in the procedures for acquiring citizenship of the Republic of Serbia based on descent, birth, naturalization, or facilitated naturalization for foreigners.
Services include:

• Analysis of the legal basis for acquiring citizenship,

• Preparation and submission of applications and supporting documentation,

• Communication with the Ministry of Internal Affairs and other relevant authorities,

• Appeals in case of rejection of the application.

We represent clients in proceedings conducted before tax and customs authorities:

• In the control phase, including the issuance of decisions on obligations and collection,

• In appeal procedures with the Tax Administration and the Ministry of Finance,

• In administrative disputes before the Administrative Court.

We also provide legal assistance in customs procedures related to:

• Seizure of goods,

• Misdemeanor and administrative measures,

• Interpretation of tax and customs regulations.

Administrative disputes provide legal protection against unlawful decisions made by administrative authorities. We represent clients in:

• Drafting and submitting lawsuits to the Administrative Court,

• Leading the proceedings until a judgment is rendered,

• Contesting decisions made on appeals, as well as in cases of administrative silence (failure to act on a request).

We represent citizens in exercising their rights in the areas of:

• Social protection (financial assistance, allowance for help and care, placement in institutions),

• Veterans’ and disability protection (disability benefits, family pensions, other status rights),

• Pension and health insurance.

We provide:

• Assistance in submitting applications and documentation,

• Filing legal remedies (appeals),

• Representing clients in administrative disputes in case of rights violations.

Administrative procedures often appear formal and simple, but in practice, they require complex legal assessments, adherence to deadlines, precise management of processes, and knowledge of specific regulations. Legal counseling and representation provide security, efficiency, and protection of your interests through all stages of the process.

Contracts are the foundation of legal relationships between individuals and legal entities, as they regulate the rights and obligations of the contracting parties. In accordance with the Law on Obligations, contracts can have different forms and contents depending on the nature of the relationship they govern.

The most common types of contracts:

Contract of Sale
A contract whereby the seller undertakes to deliver the item to the buyer, and the buyer agrees to pay a specified price.

Lease Agreement
A contract whereby the lessor gives the lessee the right to use a real estate or movable property for a specified period in exchange for compensation.

Contract for Work
A contract whereby the contractor agrees to perform a specific task for the client in exchange for an agreed payment.

Business Contracts (Commercial Contracts)
Contracts regulating the relationships between business entities, such as cooperation agreements, distribution agreements, licensing agreements, franchise agreements, etc.

We provide legal assistance regarding:

• Negotiating and drafting all types of contracts;

• Legal analysis and evaluation of the risks of contractual provisions;

• Ensuring contracts are in compliance with applicable laws and regulations;

• Modifying, terminating, and dissolving contracts;

• Representation in disputes arising from contractual relationships.

Our goal is to ensure that the contracts you conclude are legally secure, clear, and fully aligned with your interests.

Compensation for Damages represents the legal obligation of the person who caused the damage to compensate the injured party for the loss incurred. In accordance with the Law on Obligations, damages can be material (property) or non-material (e.g., emotional distress, damage to reputation and honor).

Types of Damages:

Material Damages
Includes damages caused by the damage, destruction, or loss of property, as well as lost profits or damages resulting from non-performance of contractual obligations.

Non-Material Damages
Refers to the violation of personal rights, such as honor, reputation, bodily integrity, and emotional distress, which do not directly cause a property loss but have a significant impact on the life and dignity of the injured party.

Our office provides legal assistance in relation to:

• Preparing and filing lawsuits for compensation of damages;

• Representing clients in court and out-of-court proceedings;

• Conducting negotiations for amicable settlement of disputes;

• Legal analysis of liability and assessment of the amount of damages.

We strive to ensure full protection of the rights of injured parties and the achievement of fair compensation in accordance with the law and judicial practice.

Unjust Enrichment represents a situation in which one party acquires financial gain without a legal basis – for example, due to a mistake, threat, or in the absence of a valid contract. In such cases, the law requires the return of the acquired property or compensation for damages in order to protect fairness and maintain property balance among participants in legal transactions.

Most Common Forms of Unjust Enrichment:

Unjust Enrichment
When one party acquires financial gain without a legal basis, to the detriment of another party.

Mistake in Law or Facts
When the benefit is acquired based on a mistaken interpretation of the law or an incorrect belief about the facts.

Our legal assistance includes:

• Drafting and filing lawsuits for the return of benefits acquired without legal basis;

• Representing clients in court disputes due to unjust enrichment;

• Determining the right to the return of property or compensation for damages.

We provide comprehensive legal support in relation to obligations law, contracts, compensation for damages, and unjust enrichment, with the goal of efficiently protecting your rights in court and in non-litigation procedures.