ARTICLE
TITLE

The Right to Use Legal Remedies Against Court Decisions in Contested Procedure

SUMMARY

The purpose of this scientific paper is to handle in detail the main issues concerning the right to use legal remedies by the parties against court decisions. The right to use legal remedies against court decisions is recognized as one of the fundamental rights of litigants in the civil contested procedure. Due to the importance of using legal remedies in this procedure and other court proceedings, the right to use legal remedies is also foreseen by legal acts. We emphasize this because the right to use legal remedies is guaranteed by the Universal Declaration of Human Rights of 1948, by the European Convention on Human Rights of 1950. Also, the right to use legal remedies is guaranteed through the Constitution of the Republic of Kosovo of 2008 as one of the fundamental human rights. In contrast, the procedure, according to appealing means, has been regulated by the Law on Contested Procedure of Kosovo 2008. The main idea of this scientific paper is to clarify the right of parties to use legal remedies and what are legal remedies to this procedure. The results of handling consist of understanding the importance of legal remedies, in which cases legal remedies may be submitted, and their impact in exercising the right of litigants in order to provide protection to the legal interests of the parties. In this scientific paper have been conducted handlings concerning the right to use legal remedies, types of appealing means, ordinary legal remedies, and extraordinary legal remedies. This scientific paper is based on applicable legislation, judicial practice, and legal doctrine. In this paper are also given conclusions regarding the right to use legal remedies against court decisions in the contested procedure.

 Articles related

Hariono Hariono    

The author raised about the status of certificate of building rights in the area of green open space. will begin by revealing the green open space as one of the spatial arrangements in urban areas, will require the land as a container of green open space... see more


Natália Neris    

DOI: 10.1590/2179-8966/2017/25487ResumoPatricia J. Williams é uma jurista e intelectual negra norte-americana. Neste trabalho abordo especificamente a concepção da autora acerca do uso da linguagem ou discurso dos direitos pelos grupos subalternizados em... see more


Patrícia Borba Vilar Guimarães,Douglas da Silva Araújo    

DOI: 10.12957/rdc.2018.33226O presente estudo pretende investigar como o planejamento urbano numa abordagem bottomup está sendo implantado no Brasil, na construção de cidades inteligentes e democráticas, sob a ótica do direito à cidade, definido original... see more


Saleh Al-Sharieh    

The Copyright Act includes a set of copyright infringement exceptions that permit the unauthorized use of copyrighted works in order to serve public interest objectives. The Supreme Court of Canada liberally interpreted these exceptions as “users’ rights... see more


Rafael Burlani Neves,Gabriel Real Ferrer,Asensio Navarro Ortega    

This article deals with the relation between democracy and sustainability in the context of an ultra-complex global society in which environmental problems are placed and, on the other hand, there is a political weakness (incompetence) to confront them. ... see more