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
SUMMARY

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 contested procedure in a context of critical overview between amendment and supplement of contested procedure current law in comparison to previous law of contested procedure and contested... (see full summary)

 
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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.

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