Case Law of Montenegro

Judgment

Second-instance civil cases

Termination of the joint investment and construction agreement and restitution

Result:Rejected·Left unchanged

Subject of review:: Art. 7Law on obligations: Art. 132

Decision under review:P.br.5829/14

Property Law·Ownership and Property Rights

Judgment

Criminal appeals

Attempted murder, illegal possession of weapons and explosive materials, grievous bodily harm and light bodily harm

Result:Partly granted·Modified

Subject of review:Criminal Code of Montenegro: Art. 143, 20, 403

Decision under review:K. br. 30/16-14

Judgment

Second-instance civil cases

Determination of the inadmissibility of settlement through out-of-court sale of real estate

Result:Rejected·Left unchanged

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

Decision under review:P.br.5121/16

Legal position

Legal positions and opinions

Statute of limitations for claims of debt for consumed electricity by illegal consumers

Subject of review:Law on obligations: Art. 380

Judgment

Second-instance civil cases

Payment of debt based on professional sports contracts

Result:Rejected·Left unchanged

Decision under review:P.br.879/15-11

Financial Operations and Services·Financial Operations and Services

Legal position

Legal positions and opinions

Application of the Collective Agreement of AD “Luka Bar” to employees of AD “Port of Adria”

Subject of review:: Art. 153: Art. 30

Judgment

Revision in commercial disputes

Annulment of letter of credit agreements and declaration

Result:Rejected·Left unchanged

Subject of review:Law on obligations: Art. 1178, 101

Decision under review:Pž.br.643/16

Property Law·Ownership and Property Rights

Judgment

Second-instance commercial cases

Unjust enrichment based on communal equipping of land

Result:Rejected·Left unchanged

Subject of review:: Art. 32: Art. 18Law on obligations: Art. 218, 210

Decision under review:P.br.328/16

Judgment

Revision

Determination of property rights

Result:Rejected·Left unchanged

Subject of review:: Art. 10Law on inheritance: Art. 144

Decision under review:Gž. br. 1151/16

Legal position

Legal positions and opinions

Mandatory compliance with deadlines for detention review

Subject of review:Code of criminal procedure: Art. 179, 298

Legal position

Legal positions and opinions

Presumption of innocence in the decision on ordering or extending detention

Subject of review:Constitution of Montenegro: Art. 35: Art. 6Code of criminal procedure: Art. 3

Judgment

Second-instance civil cases

Debt payment based on a loan agreement

Result:Rejected·Left unchanged

Subject of review:Law on inheritance: Art. 140Law on civil procedure: Art. 379, 367

Decision under review:P.br. 707/15-13

Judgment

First-instance criminal cases

Attempted murder, illegal possession of weapons and explosive materials, grievous bodily harm and light bodily harm

Result:Found guilty

Subject of review:Criminal Code of Montenegro: Art. 143, 20, 403, 151, 152

Legal position

Legal positions and opinions

Method of record-keeping and procedure in proceedings for the discussion of subsequently found inheritance

Subject of review:Law on non-contentious proceedings: Art. 94, 140: Art. 252, 247

Ruling

Appeal against a prosecution decision – retrial after a constitutional complaint

Computer fraud

Result:Rejected·Left unchanged

Decision under review:Ktz. br. 114/15

Judgment

Second-instance commercial cases

Establishment of labor claims in bankruptcy

Result:Rejected·Left unchanged

Subject of review:Law on civil procedure: Art. 379, 367, 276Law on bankruptcy: Art. 79Law on pension and disability insurance: Art. 137Law on mandatory social security contributions: Art. 25

Decision under review:P.br.37/14

Judgment

Second-instance civil cases

Annulment of the decision on termination of the employment contract, determination of the transformation of the employment relationship and compensation for damages

Result:Rejected·Left unchanged

Decision under review:P.br.5458/15