Činjenično i pravno pitanje u reviziji

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.