The Right to Use Legal Remedies Against Court Decisions in Contested Procedure
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 pr...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Sriwijaya University
2020-01-01
|
| Series: | Sriwijaya Law Review |
| Subjects: | |
| Online Access: | http://journal.fh.unsri.ac.id/index.php/sriwijayalawreview/article/view/428 |
| _version_ | 1818149632473038848 |
|---|---|
| author | Arbnor Ajet Ajeti |
| author_facet | Arbnor Ajet Ajeti |
| author_sort | Arbnor Ajet Ajeti |
| collection | DOAJ |
| description | 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. |
| first_indexed | 2024-12-11T13:10:07Z |
| format | Article |
| id | doaj.art-e1af60bd3e364a38b1b6c300ddb0a640 |
| institution | Directory Open Access Journal |
| issn | 2541-5298 2541-6464 |
| language | English |
| last_indexed | 2024-12-11T13:10:07Z |
| publishDate | 2020-01-01 |
| publisher | Sriwijaya University |
| record_format | Article |
| series | Sriwijaya Law Review |
| spelling | doaj.art-e1af60bd3e364a38b1b6c300ddb0a6402022-12-22T01:06:13ZengSriwijaya UniversitySriwijaya Law Review2541-52982541-64642020-01-014292210.28946/slrev.Vol4.Iss2.428.pp9-22212The Right to Use Legal Remedies Against Court Decisions in Contested ProcedureArbnor Ajet Ajeti0University of Prishtina, "Hasan Prishtina" Faculty of Law, PhD Candidate, Branch: Civil Law.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.http://journal.fh.unsri.ac.id/index.php/sriwijayalawreview/article/view/428contested procedurecourt decisionsextraordinary legal remediesordinary legal remediesthe right to use legal remedies. |
| spellingShingle | Arbnor Ajet Ajeti The Right to Use Legal Remedies Against Court Decisions in Contested Procedure Sriwijaya Law Review contested procedure court decisions extraordinary legal remedies ordinary legal remedies the right to use legal remedies. |
| title | The Right to Use Legal Remedies Against Court Decisions in Contested Procedure |
| title_full | The Right to Use Legal Remedies Against Court Decisions in Contested Procedure |
| title_fullStr | The Right to Use Legal Remedies Against Court Decisions in Contested Procedure |
| title_full_unstemmed | The Right to Use Legal Remedies Against Court Decisions in Contested Procedure |
| title_short | The Right to Use Legal Remedies Against Court Decisions in Contested Procedure |
| title_sort | right to use legal remedies against court decisions in contested procedure |
| topic | contested procedure court decisions extraordinary legal remedies ordinary legal remedies the right to use legal remedies. |
| url | http://journal.fh.unsri.ac.id/index.php/sriwijayalawreview/article/view/428 |
| work_keys_str_mv | AT arbnorajetajeti therighttouselegalremediesagainstcourtdecisionsincontestedprocedure AT arbnorajetajeti righttouselegalremediesagainstcourtdecisionsincontestedprocedure |