Naslov
Appeals and other Means of Recourse against Judgments in the Context of the Effective Protection of Civil Rights and Obligations

Autori
Uzelac, Alan ; C.H. van Rhee

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni

Knjiga
Nobody’s Perfect. Comparative Essays on Appeals and other Means of Recourse against Judicial Decisions in Civil Matters

Urednik/ci
Uzelac, Alan ; C.H. van Rhee

Izdavač
Intersentia

Grad
Cambridge : Antwerpen : Portland

Godina
2014

Raspon stranica
3-13

ISBN
978-1-78068-236-5

Ključne riječi
appeals, civil procedure, comparative law, comparative civil procedure

Sažetak
Introduction and synthetic summary of the book. Perfection in the factual accuracy and ultimate consistency of legal reasoning at the national level are fine and noble tasks. However, in real life we have to learn to live with moderate imperfections. Therefore, hardly any legal system can afford the luxury of full and unlimited review of judicial decisions. In constructing a satisfactory appeals system, the available options are broad, ranging from limiting to filtering appeals, and ultimately to the exclusion of appeals altogether in matters that are not of fundamental importance. Indeed, repetitio est mater studiorum, and therefore the review of decisions may help to improve quality. The better solution, however, is to concentrate on improving court decisions at first instance, reducing the need for appeals altogether.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA