Revision against judgment in contested procedure, a challenge or legal certainty

• Author: Rrustem Qehaja
• Position: Faculty of Law, University of Prishtina, Kosovo
• Pages: 172-186

Revision against judgment in contested procedure,

a challenge or legal certainty

Associate professor Rrustem QEHAJA1

Abstract

In this scientific paper shall be handled a special segment of contested procedure

concerning the possibility of submitting revision as one of the extraordinary legal remedies

against rendered judgment in conte sted procedure in a context of critical overview between

amendment and supplement of contested proced ure current law in comparison to previous

law of contested procedure and contested procedure laws o f region countries including the

former Yugoslav Republic of Macedonia, now The North Macedonia and Bosnia and

Herzegovina. Frequent amendments of laws q uestion citizen leg al certainty and potential

investors especially in those countries with fragile democracies that are going through

transition phase, as is the case in Kosovo. Revision is one o f the extraordinary legal

remedies of appealing final court decisions rendered by the second instance court, which

may be submitted due to numerous causes within limits and deadlines provided by law. By

revision, may come to correction of substantive or procedural law eventual omission made

in the second instance court trial.

Keywords: contested procedure, judgment, revision, Supreme Court, extraordinary

legal remedies.

JEL Classification: K40, K41

1. Introduction

Subjects of law such as natural and legal persons enter into legal-civil

relationships and into other relationships, stipulated by legal provisions. Subjective

law gives to a person a certain number of authorizations in order to protect his

rights recognized by applicable laws. In this regard, also the procedure civil law is

part of a state law or a society, which includes all rules through which subjects of

law may protect and exercise their rights when considering that they have been

violated in different civil law relations. Civil procedure presents a formal and strict

way through which is achieved the implementation of substantive law in a concrete

situation of civil-legal character. Unlike substantive law, the civil proceedings

norms, and those regulating contested procedure, have a mandatory legal character

(ius cogens).

Civil procedure legislation of Kosovo determines the legal remedies of

appealing the second instance court decisions (Court of Appeal), which have

become final, against which the parties are entitled to submit the legal remedy in

order to request from the court the annulment respectively to change the decision.

1 Rrustem Qehaja - Faculty of Law, University of Prishtina, Kosovo, rrustem.qehaja@uni-pr.edu.