THE LIMITS OF THE DEVOLUTIVE EFFECT OF THE APPEAL
THE LIMITS OF THE DEVOLUTIVE EFFECT OF THE APPEAL

Summary/Abstract: The appeal has a devolutionary character, meaning that, if exercised within the time limit, it causes a new trial on the substance. Based on the devolution effect of the appeal, the appeals court will again judge the trial in substance but with respect to the limits determined by the principle of availability, namely: the limits of the request for appeal (tantum devolutum quantum appelatum) and respectively the limits of the request of the court (tantum devolutum quantum judicatum). The court of appeal will be able to judge only within the limit shown by the appeal request, namely only for the reasons presented in its contents, without further extending the procedural framework to the broader limits, of the request to appeal. Total callback operates if the call is not limited to certain solutions in the disposal of judgement or when it tends to overturn the judgment or if the subject matter of the case is indivisible.

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