Montenegro Case Law: High Court in Podgorica

Judgment

Second-instance civil cases

Compensation for material damage and annuity due to injury at work

Result:Partly granted·Set aside

Decision under review:P.br.5617/15-07

Judgment

Second-instance civil cases

Determination and separation from the estate based on acquisition during marriage

Result:Rejected·Left unchanged

Subject of review:Family law: Art. 288, 285, 286, 294Law on civil procedure: Art. 379, 396

Decision under review:П.бр.178/19-17

Judgment

Second-instance civil cases

Determination of property rights on land

Result:Partly granted·Set aside

Subject of review:: Art. 33: Art. 9

Decision under review:П.бр.144/19

Judgment

Second-instance civil cases

Inadmissibility of enforcement based on mortgage contracts

Result:Rejected·Left unchanged

Subject of review:Law on enforcement and security: Art. 66

Decision under review:P.br.627/16

Judgment

Second-instance civil cases

Determination of property rights over real estate

Result:Partly granted·Set aside

Subject of review:: Art. 53

Decision under review:P.br.621/14-09

Judgment

Second-instance civil cases

Determination of co-ownership rights over a building

Result:Rejected·Left unchanged

Decision under review:P.br.636/18

Judgment

Second-instance civil cases

Compensation for non-material damage due to fear suffered in a traffic accident

Result:Partly granted·Modified

Subject of review:Law on obligations: Art. 1038, 207, 148, 152, 173, 210aLaw on compulsory traffic insurance: Art. 25

Decision under review:P.br.726/17P.br.726/17

Judgment

Second-instance civil cases

Compensation for damages due to violation of personal rights and unused annual leave

Result:Partly granted·Modified

Subject of review:Law on civil procedure: Art. 367, 379Law on obligations: Art. 207

Decision under review:P.br.458/20-18

Judgment

Second-instance civil cases

Compensation for material damage to a vehicle

Result:Rejected·Left unchanged

Decision under review:П.бр.2287/20

Judgment

Second-instance civil cases

Establishment of a real easement of passage on foot for building maintenance

Result:Rejected·Left unchanged

Subject of review:Law on civil procedure: Art. 367, 379, 391: Art. 194, 201, 206

Decision under review:P.br.262/19

Judgment

Second-instance civil cases

Contesting debtor's legal actions

Result:Partly granted·Set aside

Subject of review:Law on obligations: Art. 287, 288, 290

Decision under review:P.br.2447/19

Judgment

Second-instance civil cases

Determination of co-ownership rights

Result:Partly granted·Set aside

Decision under review:P.735/19-11

Judgment

Second-instance civil cases

Determination of co-ownership and co-use rights on real estate

Result:Partly granted·Set aside

Decision under review:P.605/13-05

Judgment

Second-instance civil cases

Disturbance of property rights by removing a cornice

Result:Rejected·Left unchanged

Subject of review:Law on civil procedure: Art. 367: Art. 250, 126

Decision under review:P.br.82/20

Judgment

Second-instance civil cases

Determination of co-ownership rights on real estate and nullity of a mortgage statement

Result:Rejected·Left unchanged

Decision under review:P.br.2332/18

Judgment

Second-instance civil cases

Compensation for damages from employment based on underpaid trainee salary

Result:Rejected·Left unchanged

Subject of review:: Art. 17, 14, 15: Art. 8, 11

Decision under review:P.br.2758/19-18

Judgment

Second-instance civil cases

Payment of statutory default interest on increased earnings

Result:Partly granted·Modified

Subject of review:Law on civil procedure: Art. 367, 379Law on obligations: Art. 284, 372, 381Labour law: Art. 123

Decision under review:P.br.151/2021

Judgment

Second-instance civil cases

Unjust enrichment based on investment in real estate

Result:Rejected·Left unchanged

Subject of review:Law on civil procedure: Art. 379

Decision under review:П.бр.282/19

Judgment

Second-instance civil cases

Damages for failure to fulfill the obligation to return agricultural land

Result:Rejected·Left unchanged

Decision under review:P.br.1024/20