Paper Title
Comparative Aspects of The Judgment Due to the Absence of the Defendant in the Contested Procedure According to the Legal System of Germany, The Legal System of Austria and The Legal System of Kosovo

Abstract
The conference you organized, I will present the topic of the field by the law of civil procedure "Comparative aspects of the judgment due to the absence of the defendant in the contested procedure according to the legal system of Germany, the legal system of Austria and the legal system of Kosovo" This paper is dedicated to one of types of the judgments issued by the court, when the defendant is invited by the court, he has accepted the summons and the copy of the lawsuit, but doesn’t appear at the court and doesn’t answer, then officially or on the plaintiff's proposal the court issues the judgment due to the absence in favor of the plaintiff. For this judgment we have presented the comparative aspect in the German legal system based on the German Civil Procedure Code (is included, in book 2, chapter I, title 3, where it is defined from article 331 to article 347, where it is presented with the title the judgment due to the absence against the defendant), then in the Austrian legal system based on the Austrian Civil Procedure Code (is included article 144, 146, 239, 243, 396, 397 and in the Kosovo legal system based on the Law for the contested procedure (is included article 151, where it is presented with the title the judgment due to the absence and article 150, where it is presented with the title the judgment due to disobedience/ non-compliance) and the commentary of the Law on Contested procedure by Morina, Iset and Nikqi, Selim. It should be noted that, with the passive role of the defendant, the court is based on law and issues the judgment of absence where the evidence isn’t treated and doesn’t justify it in the judgment. If the defendant is notified in court, or requests the adjournment of the hearing for reasonable reasons, or if the defendant does not appear at the hearing but opposes the plaintiff's lawsuit in writing, even if he did not appear at the hearing, will not be issued the judgment due to absence of the defendant. Keywords - Contested Procedure, Court, Plaintiff, Defendant, Absence of the Defendant in the Hearing, Judgment due to Absence.