The provisions of Article 92 of the Civil Procedure Act stipulate that the court settlement may be disputed only by a lawsuit that must be filed within three months from the date of learning of the reasons for the dispute, and no later than five years from the date of conclusion of the court settlement. A court settlement may be challenged if it was entered into in error or under the influence of coercion or fraud.
If the court settlement is annulled, the proceedings shall continue as if the court settlement had not been concluded.
In the case in which this office successfully represented the first defendant in the court proceedings 65 0 P 685867 18 P, the value of the dispute was BAM 3,760,350.00, and on the occasion of the challenge of a settlement (German Anfechtung eines gerichtlichen Vergleichs) by the judgment of the Municipal Court in Sarajevo, case number 65 0 P 685867 18 P of 14 August, 2019, the value of the dispute BAM 3,760,350.00, the plaintiff was rejected with their request that the court annul the court settlement concluded before this court, and to order the continuation of the said civil proceedings. The plaintiffs are obliged to pay the costs of the proceedings in the amount of BAM 5,092.16.
The court explains that the court settlement is essentially an agreement between the parties concluded before this court, so in nature it does not represent anything other than a contract between the parties. In civil proceedings, the court is bound by the requests of the parties, and at the same time it ex officio watches over the nullity. The attachment has been elevated to the level of a procedural principle with the existence of the request, while the material legal provisions on due diligence on nullity oblige the court to prevent the exercise of rights that rest on null and void grounds.
If you need legal counselling on the subject of Challenge a Settlement (German Anfechtung eines gerichtlichen Vergleichs) as a company, member of a company, director or founder or you need a corporate law attorney for your company or for your business idea, then you are in the right place with us and you can contact our corporate law attorneys directly by phone (+387 62 342 463), WhatsApp, Viber or e-mail (rasid@haracic.ba).