ROMAN LAW AS THE BASIS OF LEGAL KNOWLEDGE ABOUT APPEAL IN CIVIL CASES
| Autor: | E.A. Borisova |
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| Rok vydání: | 2021 |
| Předmět: | |
| Zdroj: | Herald of Civil Procedure. 11:80-110 |
| ISSN: | 2686-942X 2226-0781 |
| Popis: | Appeal as a guarantee of the right to judicial protection, appeared and took shape in the Roman civil procedure. Thanks to the reception of the Roman law the achievements in the field of appeal were adopted by the European legal system, which allowed to create a unified basis for the legislative appearance of the right to appeal a court decision and proceedings in the appellate court. Since the beginning of the twentieth century, as part of the widespread reform of civil proceedings, changes have been made in the appeal process. Many of them are in line with the provisions of the Roman sources of law – the Digest of Justinian and the Code of Justinian. Legislative regulation of Russian civil appeals is characterized by goal ambiguity, which negatively affects the quality of judicial protection and necessitates changes. The experience of Roman appeal allows to answer topical issues of appellate procedure, to determine the vector of development of the appellate court proceedings. The article proves that the source of legal knowledge about civil appeal is corresponding regulations of Justinian’s Code and provisions of Digest of Justinian. |
| Databáze: | OpenAIRE |
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