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Law Office "Sesar" , Mostar , Bosnia and Herzegovina
Since the exercise of civil rights is based on a fundamental and conceptual approach that is indispensable with the human desire to exercise them, or in some situations and defense (when they are subject to any challenge, restriction or violation), it is evident that the lawsuit is the initiator of their preservation. Just as in criminal proceedings the indictment by the prosecutor (which in this case is the state) is the initiator of the criminal proceedings, so the filing of a civil lawsuit (through a lawyer) is the basis for preserving the individual right that the plaintiff injured party) in litigation. This professional paper deals with the significance of the lawsuit with reference to family law, its part- marriage law. Although it is generally known that in divorce litigation the law left two possibilities to the parties, the possibility of divorce through a request for amicable divorce, and the possibility of divorce through a lawsuit, in this paper the claim is placed on the lawsuit (in situations where the other party is not interested in amicable divorce). Therefore, the aim of this paper is to point out the importance of a lawsuit that is undisputed in litigation, but also the concept of a lawsuit, ie a claim in divorce lawsuits. The method of theoretical analysis is a method that will be used in the work and which permeates through it, since a systematic and concise approach will provide insight into the realization of the human right to divorce when it is not in the interest of the other party, but also in what way and the claim must be aimed at satisfaction with the outcome of both parties, but the highest preservation of the best interests of the child.
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