PRAVNI ZAPISI • Year IX • No. 1 • pp. 111-126
THE DISPUTE BETWEEN SERBIAN LAWYERS AND LAWYERS FROM THE FORMER AUSTRO-HUNGARY ABOUT PROVING BY WITNESS ON THE OCCASION OF ENACTMENT OF THE YUGOSLAV CODE OF CIVIL PROCEDURE
Biljana Gavrilović
Asistentkinja, Pravni fakultet Univerziteta u Kragujevcu
e-mail: bgavrilovic@jura.kg.ac.rs
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Pravni zapisi, No. 1/2018, pp. 111-126
Original Scientific Article
KEY WORDS
proving by witnesses, the reasons against, the reasons for, civil procedure
ABSTRACT
Prohibition of proving by witnesses had been existing in Serbian code of civil procedure since 1865. But, when the Kingdom of Serbs, Croats and Slovenes was created, it was asked the question of sustainability of this legal institute. Namely, in other parts of the newly created state there was no ban on using witnesses as evidence in civil proceedings, unlike Serbia. Therefore, extensively discussion was developed about permissibility of proving by witnesses on the occasion of unification of civil procedure. Jurists from Serbia were for prohibition of proving by witnesses, but jurists from other parts of the newly created state (especially across the Danube and the Sava (and the Drina) rivers) were against that prohibition. Consequently, subject of this analysis are reasons pro et contra permissibility of proving by witnesses, that were cited on the occasion of enactment of the Yugoslav code of civil procedure.