Distinguishing between the questions of facts and questions of law prevails in the procedure initiated by motion for revision. This is a traditional standpoint. Separation of these two kinds of questions has a crucial importance in determination of tasks of this legal remedy. Since the revision is limited on the control of regular application of substantive law norms, the competent court takes into consideration the state of facts, determined by the Court of appeal, in the moment of conclusion of court hearing. One of the consequences of the above is, that the court competent to decide upon motion for revision, is binded with the facts established in the procedure before the appeal court. The revision court can not take new facts into account. European continental laws recognize the right of revision, provided that the reasons for revision emanate out of points of law. According to the solution in the Serbian law on litigation procedure motion for revision is admissible, when the appel...late court finds that it is important for equalization of jurisprudence, or when it is necessary for securing regular application of law, on the whole territory of state.
Keywords:
revizija / razlozi / pravna pitanja / činjenična pitanja / revision / questions of law / questions of fact / grounds
Source:
Branič - časopis Advokatske komore Srbije, 2006, 118, 1, 33-54
TY - JOUR
AU - Bodiroga, Nikola
PY - 2006
UR - https://ralf.ius.bg.ac.rs/handle/123456789/295
AB - Distinguishing between the questions of facts and questions of law prevails in the procedure initiated by motion for revision. This is a traditional standpoint. Separation of these two kinds of questions has a crucial importance in determination of tasks of this legal remedy. Since the revision is limited on the control of regular application of substantive law norms, the competent court takes into consideration the state of facts, determined by the Court of appeal, in the moment of conclusion of court hearing. One of the consequences of the above is, that the court competent to decide upon motion for revision, is binded with the facts established in the procedure before the appeal court. The revision court can not take new facts into account. European continental laws recognize the right of revision, provided that the reasons for revision emanate out of points of law. According to the solution in the Serbian law on litigation procedure motion for revision is admissible, when the appellate court finds that it is important for equalization of jurisprudence, or when it is necessary for securing regular application of law, on the whole territory of state.
PB - Advokatska komora Srbije, Beograd
T2 - Branič - časopis Advokatske komore Srbije
T1 - Činjenično i pravno pitanje u reviziji
T1 - The question of fact and the question of law in revision
EP - 54
IS - 1
SP - 33
VL - 118
UR - conv_1808
ER -
@article{
author = "Bodiroga, Nikola",
year = "2006",
abstract = "Distinguishing between the questions of facts and questions of law prevails in the procedure initiated by motion for revision. This is a traditional standpoint. Separation of these two kinds of questions has a crucial importance in determination of tasks of this legal remedy. Since the revision is limited on the control of regular application of substantive law norms, the competent court takes into consideration the state of facts, determined by the Court of appeal, in the moment of conclusion of court hearing. One of the consequences of the above is, that the court competent to decide upon motion for revision, is binded with the facts established in the procedure before the appeal court. The revision court can not take new facts into account. European continental laws recognize the right of revision, provided that the reasons for revision emanate out of points of law. According to the solution in the Serbian law on litigation procedure motion for revision is admissible, when the appellate court finds that it is important for equalization of jurisprudence, or when it is necessary for securing regular application of law, on the whole territory of state.",
publisher = "Advokatska komora Srbije, Beograd",
journal = "Branič - časopis Advokatske komore Srbije",
title = "Činjenično i pravno pitanje u reviziji, The question of fact and the question of law in revision",
pages = "54-33",
number = "1",
volume = "118",
url = "conv_1808"
}
Bodiroga, N.. (2006). Činjenično i pravno pitanje u reviziji. in Branič - časopis Advokatske komore Srbije
Advokatska komora Srbije, Beograd., 118(1), 33-54.
conv_1808
Bodiroga N. Činjenično i pravno pitanje u reviziji. in Branič - časopis Advokatske komore Srbije. 2006;118(1):33-54.
conv_1808 .
Bodiroga, Nikola, "Činjenično i pravno pitanje u reviziji" in Branič - časopis Advokatske komore Srbije, 118, no. 1 (2006):33-54,
conv_1808 .
