REVISION (SECOND APPEAL ON THE POINTS OF LAW) IN SERBIAN LITIGATION PROCEEDINGS Cover Image

REVISION (SECOND APPEAL ON THE POINTS OF LAW) IN SERBIAN LITIGATION PROCEEDINGS
REVISION (SECOND APPEAL ON THE POINTS OF LAW) IN SERBIAN LITIGATION PROCEEDINGS

Author(s): Branka I. Babović Vuksanović
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Court case
Published by: Institut za uporedno pravo
Keywords: admissibility criteria; role of the Supreme Court; ex-Yugoslav countries; second appeal on the points of law

Summary/Abstract: Revision is an extraordinary legal remedy in Serbian litigation proceedings that enables access to the Supreme Court in litigation proceedings. This paper examines whether the provisions on the second appeal in litigation proceedings are adequate to enable the Supreme Court to fulfil its role – the unification of the case law. The focus of the analysis is the admissibility criteria for the second appeal that constitute filters for accessing the Supreme Court. It has turned out in practice that the filters are not only excessively permeable but inadequate too. A similar problem occurred in the Republic of Croatia and the Republic of Slovenia which is why the law of these countries was analysed in this paper. Recent draft amendments to the CPA are a step forward in reforming the second appeal in Serbia, even though there are provisions that could be improved.

  • Issue Year: 67/2023
  • Issue No: 4
  • Page Range: 707-725
  • Page Count: 19
  • Language: English
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