Some Concerning Questions About Assessment and Disclosure of Subject Matter Jurisdiction of Civil and Commercial Courts in Bosnia and Herzegovina // Neka sporna pitanja u vezi ocjene i razgraničenja stvarne nadležnosti građanskih i privrednih sudova u Bosni i Hercegovini

Abstract

When assessing jurisdiction in civil and commercial disputes, a considerable number of courts in Bosnia and Herzegovina is based solely of personal criteria (competentia ratione personae), by basing its decision only on the circumstances that led to a concrete dispute between specific categories of subjects of law, neglecting the causal criterion (competentia ratione causa), which is prescribed by the legislature, without which can not properly assess and delineate the subject matter jurisdiction of civil and commercial courts in each case.