Дозволеност на ревизија во парничната постапка во Република Македонија
Revision Permissibility in Civil Procedure in Republic of Macedonia

Summary/Abstract: The revision as an extraordinary legal remedy is one more legal instrument for litigant in the effort to achieve protection of the rights or to defend against unfounded claims of the other party. Litigants may declare revision of the litigation process due to substantive violations of the provisions of Civil Procedure and incorrect application of substantive law. Declaring revision because of a substantive violation of the provisions of Civil Procedure is limited. The purpose of this research paper is to investigate the most common reasons for filing revision of the litigation process in the period from June 2011 to June in 2012. The research includes what kind of reasons are often repeated, and the volume, or the number of reviews submitted to the Supreme Court of the Republic of Macedonia. As general hypothesis is that most of the adopted revisions are due to substantial violations of the provisions of civil procedure. Two-thirds of the stated revisions in front of the Supreme Court of Republic of Macedonia were rejected as unfounded and only one third of the submitted revisions from June 2011 to June 2012 were grounded. Since accepted revisions 59 % due to incorrect application of substantive law, and 41 % due to substantial violations of the provisions of Civil Procedure. The lower courts in their work should pay more attention to the proper application of substantive law and deciding to watch out for those legal norms will apply for specific civil legal relationship and whether it is the norm that corresponds to that civil legal relationship.

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