TENDENCIES IN THE DEVELOPMENT OF THE JUDICIAL REVISION IN SERBIAN CIVIL PROCEDURE LAW Cover Image

ТЕНДЕНЦИЈЕ У РАЗВОЈУ РЕВИЗИЈЕ У СРПСКОМ ГРАЂАНСКОМ ПРОЦЕСНОМ ПРАВУ
TENDENCIES IN THE DEVELOPMENT OF THE JUDICIAL REVISION IN SERBIAN CIVIL PROCEDURE LAW

Author(s): Anđelija Adamović
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Правни факултет Универзитета у Нишу
Keywords: judicial revision; regular and extraodinary legal remedy; instance proceeding

Summary/Abstract: In this paper, the author tracks the changes concerning the legal regulation of the judicial revision of a civil court decision, whose position in the system of legal remedies has been subject to significant changes. In the first part of this article, the author describes the characteristics of judicial revision in a historical retrospective. The second part of the paper deals with the contemporary tendencies on this issue with specific reference to the Act on the Changes and Supplements to the Litigation Procedure Act. This paper is aimed at evaluating the existing as well as the proposed legal solutions which are to provide for a most comprehensive exercise of both legal and political goals which the judicial revision is aimed to serve. The most significant suggestions pertain to changing the legal nature of judicial revision from an extraordinary into a regular legal remedy, correcting the criterion on the value of a legal claim and reinstituting the causation criterion, which would allow for the application of judicial revision in certain lawsuits regardless of the value of the legal claim.

  • Issue Year: LVI/2010
  • Issue No: 56
  • Page Range: 253-272
  • Page Count: 20
  • Language: Serbian