Civil Procedure Code at Montenegro
Montenegro's civil litigation framework is primarily governed by the Law on Civil Procedure, adopted on March 23, 2004, and consolidated in 2006. This law outlines the procedural rules for civil disputes, including jurisdiction, proceedings, and enforcement of judgments. (WIPO Lex)
⚖️ Key Aspects of the Montenegrin Civil Procedure Law
1. General Provisions
Scope: The law applies to personal, family, labor, property, and other civil disputes between natural and legal persons, unless otherwise specified by separate laws.
Court's Role: Courts are required to decide within the limits of the claims filed during the procedure and may not refuse to decide on a claim that falls within their competence. (WIPO Lex)
2. Jurisdiction
Territorial Jurisdiction: Generally, the court on whose territory the defendant has permanent residence has jurisdiction.
Exclusive Jurisdiction: Certain cases, such as disputes involving real estate, military units, or bankruptcy procedures, are subject to exclusive jurisdiction based on the location of the property or institution involved.
Special Jurisdiction: In specific cases, such as marital disputes or inheritance matters, parties may choose the court based on mutual agreement or other criteria. (Law on Civil Procedure adopted on March 23, 2004 (Consolidated text), Montenegro, WIPO Lex)
3. Procedure
Initiation of Proceedings: Civil proceedings commence with the filing of a complaint, which must include specific information about the parties, the claim, and the facts supporting the claim.
Hearings: The court conducts hearings where parties present their arguments, evidence, and witnesses.
Judgments: Decisions are rendered based on the merits of the case, and parties have the right to appeal judgments within prescribed time limits.
4. Enforcement of Judgments
Execution: Judgments are enforced through various means, including property seizure, wage garnishment, or other legal measures.
Appeals: Parties may appeal judgments to higher courts, and the law outlines the procedures and grounds for appeal.
📘 Accessing the Law
The full text of the Law on Civil Procedure is available in English through the World Intellectual Property Organization (WIPO): (Law on Civil Procedure)
👉 Law on Civil Procedure – WIPO
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