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As I have mentioned in the last chapter, any references made to left and right brain functions in relation to hypnotic phenomena must be considered as poorly founded. Not to be confused with Natural language processing also NLP. As an approach to psychotherapy, NLP shares similar core assumptions and foundations in common with some contemporary brief and systemic practices,  programmazione neurolinguistica  such as solution focused brief therapy.
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FM Journal articles Platt, Garry I noticed when I hypnotically regressed people to before the age of 5, who currently wore glasses, programmazione neurolinguistica need them to see.
It offers programmazione neurolinguistica techniques by which a practitioner may usefully organize and re—organize his or her subjective experience or the experiences of a client in order to define and subsequently secure any behavioural outcome. Regal 21 boise vincere timidezza 30 giorni pdf Whispering In The Wind 1st ed.
This is the way we communicate, navigate and give commands to our iPhones. Richard Bandler in corsi. Gabriele vinci mini A case of quality over quantity. At the request of the person who has suffered, and according to the circum- Civil Procedure Review, v.
The most important legal topics are considered compensation for moral dam- age. Black, Theoretical Foundations of the claim moral damage is theories that discussed on material dam- age, such as the fault theory, Direct responsibility is based on the theory of risk and benefit or guaranteed the right. However, considering the above theories of dam- age should be compensated, through the appropriate method of compensation and non-cash compensation is primarily. But, there is difference of opinion on the issue of compensation for moral damages and the possibility of financial compensation is faced with doubt.
Because these losses are immaterial. And there may be pricing of some suffering unacceptable and an insult to the realm of emotions is a person.
Brief reasons for opposition include: Eyvazi, One major issue in this regard is whether compensation includes a financial damage, or an intellectual one, too? Some legal theorists believe compensation should be financial, but this theory is questionable because first, as the time goes on, the same mulct does not fit the pattern. Second, moral damage has historically included physical damage along with financial loss instead of bloody revenges while financial compensation cannot re- build every loss.
Moreover, an intellectual compensation is the only solution when a judge neglects financial compensation for it. S; Hedayatollah, Although this issue has not been clearly considered, these kinds of studies can help it forward. Moreover, reasons such as chapter Nesa Verse They reason that the causal relationship between the action and the dam- age exists.
Moreover, it is not possible to ignore the suffered damages and a form of restitution must be made. Katozian, The law experts do not hold different opinions on the principle of compensation for moral damages. What they differ in is possibility of monetary compensation for these moral damages.
The main reasoning of those op- posing financial restitution for moral damages is the difference in nature of physical damage with moral damage, ethical aspect of it, immeasurability of moral damage and disproportionality of compensation with respect to the damage.
Those who favor monetary compensation, do accept the problems and the fact that the judge must not issue a ruling on making financial compensation for certain moral damages, but claim that the justification for their belief is the monetary com- pensation is for partial carriage of justice and restitution for the moral damage which somewhat pleases the harmed. Furthermore, they believe that the disproportionality exists when dealing with crimes which harm the entire body, such as murder.
Most often, the lawmakers have considered other measures as well.
Second of all, the goal of restitution is not returning the conditions to their original states. It is only a way to sooth the pain and suffering of the harmed, and undoubtedly, paying certain sum of money will make it easier for the plaintiff to deal with the losses. To this end, those who favor monetary compensation, point to the laws of the Islamic Jurisprudence.
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Iering, German lawyer, states that not compensating for moral damages and not hold- ing the criminal responsible for the moral damages is far worse and inhumane than monetary compensation. Akhundi, The criminal courts, even after the Islamic Revolution, have accepted compensa- tion claims for moral damages. This petition was about a husband who falsely accused his wife of not being a virgin at the time of marriage.
The court ordered compensation of , Rials to be paid to the wife by the husband to compensate for the moral damage suffered by the wife. M;, Ways of compensating for moral damages suffered as the result of a crime com- mitted Methods of compensation for moral damages are not limitative, because in compensation for such damages the important factor is restitutions not the method, which is just a mean.
In some cases, money may do the trick, and in some others, a simple apology may be more effective than any amount of money. Thus, even though the civil responsibility law in article 2 obligates the courts to pass ruling in favor of compensating for the moral damages suffered, in article 3, it states that the court shall decide on the degree of harm and the method of restitution on a case by case basis.
S; Hedayatollah, The restoration made must be the same as what is damaged i. Hamid, The purpose is not to rebuild the thing damaged, but to compensate it as much as possible.
Hasan, Therefore, the method of restitution is divided into two groups, financial and non-financial. In the financial method, judge orders for a sum of money to be paid to the plaintiff.
Generally, money payment is the most common way to redress and today judicial bias is based on money payment for damage the judge by referring to article 3 of civil liability and available option, can determine the way of redress, but there are some rules that must be regarded such as: The amount of money that pay for redress is equal to the amount of loss not the degree and manner of fault and it is possible a simple fault leads to heavy loss and was forced guilty to redress.
Parvin, The recreation of a reputation is the non-financial method for compensating a damage stated in the Islamic criminal law, article 1 of the civil liability code, and article of the Iranian constitution. It can be accomplished in different ways in- cluding apology, announcement in mass media, etc. According to article 1 of the civil liability code, a victim can claim financial and intellectual compensation against the party inflicting the damage. The court can sentence the offender to announcement in mass media or an apology.
There is no limitation in this article, and the decision is on the court. For example, if a person is brought to a court on the basis of a false report regard illegitimate adultery, and his innocence is proved, he can claim for compensa- tion against the court.
Article 19 of computer crimes also includes this. The ruling to compensate for moral damages is complementary to the punish- ment sentence, and even in a ruling for Hadd to be carried out, the defendant could be ordered to make monetary or non-monetary compensation for the moral damages suffered.
In case of Dieh, since it is not a punishment but a form of restitution for any physical and moral damages, further monetary compensation could not be sought. In such cases, non-monetary compensation is allowed. In cases where the amount of Civil Procedure Review, v. Dieh is not known, the courts must take the moral damages in consideration. Restitu- tion for moral damages is not allowed in retaliation cases. Parvin, One kind of intellectual damage clearly mentioned in the Iranian criminal pro- ceeding law Art.
S; Hedayatollah, One case is the detention of an innocent person who has to request compensation within 6 month after the final decision of the court. The provincial commission including 3 members will confirm the compensation based on the conditions in the law. The person can announce his protest against it to the commission within 20 days after the decision on the basis of article The six-month term for protest is allocated because most decisions are pro- tested in the first instance, but in the appeal the final decisions are made.
It is worth to note that a 20 day or 2 month term is set for the decisions made in the first stance, and not protested within 6 months article In conjugal relations, the case may include misbehavior, yet, it is an offence, and penal liability relating to assault and battery, but other cases lead to compensation in the way to prove the offence.
Homa, Among instances of conjugal intellectual damages is violating certain agreements including a negative social relation. The rights and responsibilities between spouses need a positive relation between them, and the violation of the relation is an instance of negative relation.
Another instance is violating the marriage preconditions. Trickery, avoiding sexual intercourse, and apostasy are the instances. Another kind of conjugal damage is made by the husband confining his wife at home, having her take care of his parents, and violating the legal number of wives . The damage may be compensating by a sum of money, or redempting some respon- sibilities from the wife, etc. Mazaheri, Another instance of compensation is legal divorce if the methods above do not work.
According to the civil law Art. Some- times living together with the wife makes intellectual damages for the husband; the civil law does not consider the case. Besides the above methods, the prosecution can have either of the spouses compensate damages according to the civil liability code art.
The Permanent Court of Justice, set up after World War I, gave the most authoritative renderings of his foundation for the legal obligation to provide reparations. This most general international law imperative was set forth most authoritatively, although without any equally general prospect of implementation, in the Chorzow Factory Jurisdictions Case: Scobbie, A second equally important idea embodied in customary international law had to do with the nationality of claims associated with wrongs done to individuals.
In es- sence, this norm expressed the prevailing understanding that only states were subjects within the international legal order, and that wrongs done to foreign individuals were in actuality inflicted upon their state of nationality. Accordingly, if the individual was stateless, a national of the wrongdoing state, or a national of a state unwilling to sup- port the claim for reparations, there was no basis on which to proceed. A third important idea in customary international law, that has persisted, forbids a state to invoke national law as a legal defense in an international dispute involving allegations of wrongdoing by the injured state.
Such a principle pertains to the set- ting of international disputes, which is where the main precedents and doctrines of international law relative to reparations are fashioned. Crawford, ; Shelton, The ILC approach to remedial or corrective justice was based on distinguishing between restitution, compensation, and satisfaction.
Such a remedy is rather exceptional. It is usually illustrated by reference to the Temple case before the International Court of Justice ICJ in which Thailand was ordered to return religious relics taken from a Buddhist temple located in Cambodia.
The language of the Advisory Opinion expresses this viewpoint with clarity in paragraph In the event that such restitution should prove to be materially impossible, Israel has an obligation to compensate the persons in question for the damage suffered.
Compensation, resting on the fungibility of money, is more widely used to over- come the adverse consequences caused by illegal acts. In the Chorzow case it was declared that where restitution cannot be provided to the wronged state, then the wrongdoer should be required to compensate up to the level of the value attributed to whatever was lost, including loss of profits. Articles 36 and 37 go along with this approach of full reimbursement, without qualifications based on capacity to pay.
Satisfaction is the third, and lesser known, manner of providing reparations. The ILC Articles make it a residual category in relation to restitution and compensation. As such, it gives very little guidance in specific situations where a variety of considerations may make the grant of full reparation undesirable for various reasons, although commen- tary by the ILC on each article does go well beyond the statement of the abstract rule.
Because property rights are of paramount concern, the language of reparation is not used, and the more common formulations emphasize compensation for the wrongs suffered. The basic direction of these treaty norms also derives from international customary law, especially legal doctrine associated with the confisca- tion of foreign-owned property.
The absence of a human rights catalogue in the Charter led to a continuing effort to define and codify human rights, beginning with the adoption, on 10 December , of the Universal Declaration of Human Rights. Shelton, The codification effort in the United Nations and its specialized agencies has resulted in a vast body of international human rights law including on the right to a remedy.
Shelton, The Universal Declaration of Human Rights shifts the locus of relief to national arenas and away from international disputes between sovereign states. Individuals are endowed with competence, and the notion of wrongdoing is gen- eralized to encompass the entirety of human rights.
Article 8 reads: According to Article 2 3: Each State Party to the. Covenant undertakes: Craven, Articles 9 5 and 14 6 add specific guarantees that anyone unlawfully arrested, detained, or convicted shall have an enforceable right to compensation or be com- pensated according to law. It is available only on the basis of an individual initiative.
Again, the emphasis is on the legal duty of the state to provide Civil Procedure Review, v. That is, victims are not dependent on governments of their nationality pursuing claims on their behalf, nor are nationals barred from relief by the obstacle of sovereign immunity. Each such victim has the right to know the truth, the progress and results of the investigation into the disappearance and the fate of the missing person.
The legal system of each state party is to ensure that the victims of enforced disappearance have the right to obtain reparation and prompt, fair and adequate compensation. Faso, Article 39 of the Convention on the Rights of the Child CRC refers to specific forms of reparations for children that should aim to promote their physical and psy- chological recovery and social reintegration.
States parties are to ensure that there are adequate procedures in place for child victims to seek, without discrimination, compensation for damages from those legally responsible.
The UN Convention on Migrant Workers has several specific provisions on rem- edies, guaranteeing the right to fair and adequate compensation for expropriated Civil Procedure Review, v. In addition, Article 83 generally provides that each state party under- takes to ensure effective remedies to anyone whose rights or freedoms guaranteed by the treaty are violated, a fair hearing on claimed violations, and enforcement of any remedies granted.
Several International treaties refer to the right to legal protection for attacks on privacy, family, home or correspondence, or attacks on honour and reputation.
UN General Assembly, ; Unicef, ; United Nations, ; Wojcik, Other specific remedies are explicitly guaranteed in the law on indigenous rights, which has developed significantly in the last three decades. Article 15 refers to the common situation of states owning or claiming mineral or sub-surface resources or rights to other resources on indigenous lands.
It guarantees a right to return to their traditional lands, as soon as the grounds for relocation cease to exist. Certain treaties, like the Convention against Torture and the Convention on Forced Disappearances, also require investigation, prosecution and punishment of perpetrators. International procedures are subsidiary and only available if domestic remedies fail or are exhausted. In the absence of case law it is difficult to know what this standard might mean in practice, and whether it is purely aspirational or represents a genuine effort to acknowledge the full spec- trum of injury that often results from torture and severe abuse.
A proceeding of this nature would fall within the authority of the European Court of Human Rights. Here, too, the idea is to provide individuals with a remedy at the re- gional level beyond what is available within the national legal system.
The Statute of the Council of Europe, adopted by Western European nations in , provides that every member must accept the principles of the rule of law and of the enjoyment by all persons within its jurisdiction of human rights and fundamental freedoms.
Council membership is de facto conditioned upon adherence to the European Convention. The European Convention was the first treaty to create an international court for the protection of human rights and to create a procedure for individual denuncia- Civil Procedure Review, v.
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The Committee of Ministers supervises compliance with the judgments. The ECHR contains several provisions on national remedies. The first provision, Article 6, guarantees access to justice and the right to a fair hearing. In addition to these general provisions, Article 5 4 guarantees a right of habeas corpus and Article 5 5 requires compensation be afforded for unlawful arrest. This circularity was noted in early decisions of the European Court.
In Klass and others v. United Kingdom, one of the few early cases where the Court found a violation of Article Reparation should be ensured for damage caused by an act due to a failure of a public authority to conduct itself in a way which can be expected from it in law in relation to the injured person. Such a failure is presumed in case of transgression of an established legal rule.
The Com- mentary indicates that the victim must be compensated for all the damage resulting from the wrongful act that can be assessed in terms of money. Trespass to the moral aspect of the self is considered as moral damage. This includes non-monetary damages such as spiritual losses, defamation of character, and profanity against the sacred religious and national values. Moral harm is compensated with cash, other property or by other ways.
The size of monetary compensation for moral damage is defined by court decision, which depend on the nature of the offense, the depth of physical and mental suffering, deterioration of the victim skills or his her deprivation of feasibility for their use.
Also the size of compensation depends on the degree of guilt of the person which caused the moral damages, if guilt is the basis for reimbursement, as well as on other circumstances which are significant. In determining the amount of reimbursement, court take into account the requirements of reasonableness and fairness. Moral harm is compensated regardless of the property damage, which is refundable, and is not associated with the size of this reimbursement.
Moral harm is compensated only once, unless otherwise is stipulated by contract or law. The necessity of paying attention to moral damages is clearly mentioned in the laws governing civil liability, constitution, Islamic punishment and the press.
It is hoped that the judicial trend in Iran start paying more practical attention to this crucial issue, and the regulating agencies remove any forms of ambiguity and pass necessary laws that fill the legal loop holes pertaining to the issue of moral damages. Based on what was said, both in Iran and in Human Rights Conventions, moral damages have been accepted. The obligation to provide effective remedies is an es- sential component of international human rights law. A state that fails to fully protect individuals against human rights violations or that denies remedial rights commits an independent, further breach of law.
Nor do they indicate what remedies should be made available through international procedures in the event a state fails to afford the necessary redress. It is thus necessary to look at the theory and practice of national and international tribunals to determine what constitutes an effective remedy.
In the past, international tribunals seemed unwilling to recognize the importance of their decisions, not only in providing a remedy for past abuse, but in persuading those in power to comply with human rights norms in the future. Now they seem more convinced that effective enforcement of norms can influence the incidence of violations.
Municipal legal concepts and the law of state responsibility influence remedies for international law violations and there has been considerable expansion of the scope of redress afforded during the past decade. Consistency and principled decision-making can help avoid forum shopping, provide remedies for victims, incite national action to bring wrongdoers to justice, and enhance the legitimacy of international tribunals.
It seems, common methods of compensation for moral damages, according to legal texts in Iranian law are stopping or eliminating the source of losses, oral apolo- gizing from the injured party, practical or written apologizing, or printing apology in the press, rehabilitation of the injured in any other way, paying property or money for the injured.
In whole, it seems moral damages, in Iran laws and especially in Iranian courts are very obsolete. According to the above explanation, it is suggested to the Parliament that in legal texts related to special review and approval of the Civil procedure bill, which is the original position of moral damages principles, it should predict illustrated and comprehensive Articles, and fill the vacuum available and establish an important law in the Principle of the constitution, develop it and present the issue, clearly.
The judiciary and the courts of the country are considered the second valid source of the laws of the country. By establishing firm and strong approaches, they should welcome demands about moral damages and try to provide the rights of good people, in this territory.
Civil Responsibility with a comparative sttitude Publications. Afshar, H. Intellectual Damages in Civil Law. Majd Publisher. Akhundi, M. Criminal procedure,vol. Ministry of guidance and cultural affairs. Arai, Y. Barikloo, A. Civil Responsibility second ed. Mizan Publications. Black, H. Law Dictionary London: West Publishing. West Group St. Paul, MN. Brownlie, I. Principles of public international law: Oxford University Press:.
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Ohio St. LJ, 55, Zakeri, A. Research Journal of Recent Sciences, 4 3 , Whereas, he is doctorated in civil legal sciences at the University of Tirana in Albania. At the beginning he used to work as an assistant, later as a lecturer, and now is in Advanced Prof.
He lectures contested civil procedure, noncontested civil procedure and insurance law. He has published several scientific articles in several national and international journals, and has also been part and he is acting as an expert in several vital projects in Kosovo legal system. Appeal represents a regular legal remedy with suspensive effect in comparison to extraordinary legal remedies of attacking civil decisions which do not have suspensive effect.
Therefore, a special attention shall be paid to the handling of appeal in procedural terms as well actions concerning the appeal, but not to causes from which the appeal may be submitted as a regular legal remedy, deadlines and decisions rendered by a higher degree court, and not only regarding local level how this issue is regulated by our legislation respectively by the Law on Contested Procedure LCP provisions, but also broader.
Conducting procedure according to appeal in legal-civil context is preceded by the submission of appeal from the dissatisfied party with the court decision which may act within legal deadlines and only if it comes to the fulfillment of at least one of determined causes by provisions of the Law on Contested Procedure hereinafter LCP. A court decision, like any human act, may be flawed and with errors. Appeal is a legal remedy which the law makes available to 1.
Brati, Alban A. Brestovci, Faik; Op. Whereas from the objective point of view, it represents the act by means of which is exercised this power and this right, by including also the internal procedure initiated by this act.
Use of legal remedies, as a basic right The right to appeal by using legal remedies of attacking decisions is a basic human right guaranteed by Declarations and International Conventions, as well as by Constitution and national laws. This right is protected by the Universal Declaration of Human Rights under articles 88 and Terihati, Franc: Civil Procedure, Tirana, , pg.
Article 8: Article Everyone has the right, in full equality, to have his case handled fairly and publicly by an independent and impartial tribunal, which has to decide in terms of his rights and obligations, as well as concerning any accusations in the criminal court directed against him.
Article 6: Legal remedies in contested procedure Legal remedies bearing in mind the fact that are procedural actions by means of which parties and other authorized persons in procedure attack the decision which they consider to be unlawful and unfair and request to the court of legal remedy after verifying merits of their claims to change or annul it by its own decision, these attacking legal remedies have been foreseen in all procedural law areas: In civil proceedings contested, non-contentious and execution proceedings in criminal proceedings and in administrative proceedings.
When it comes to procedure it is necessary to make a distinction between legal remedy in broad aspect and legal remedy in narrow aspect. Legal remedies in broad aspect include in addition to legal remedies in narrow aspect also several other legal remedies allowed by law, but in systematic terms the legislator does not regulate them as in sections where are regulated regular legal remedies of attacking decisions.
As such is rejection according to payment order according to the provision of Article of LCP , and the request for returning to Article 32 Right to Legal Remedies: Article 54 [Judicial Protection of Rights]: Article , paragraph 2 General Principles of the Judicial System: Cited by: As such legal remedy could be considered also the request to change a court decision under Article of LCP.
Hence, these legal remedies are legal remedies in a broad aspect by means of which the appellant aims to change or even abrogate a court decision.
Legal remedies in narrow aspect may be listed according to different criteria. They are divided into legal remedies ordinary and irregular legal remedies extraordinary. The Law itself legally foresees the distinction between legal remedies ordinary and irregular legal remedies extraordinary of attacking decisions. Which means such legal remedy is filed against a decision which did not yet become final and as such obstructs the finalization of the decision, while the second instance court and in some cases the third instance court render a decision about it.
As a legal remedy ordinary under this law is the appeal against judgment and appeal against a ruling. Consequently against the same decision at the same time cannot be submitted the regular legal remedy and extraordinary legal remedy. As extraordinary legal remedies of attacking decisions are: Revision, request for Protection of Legality and proposal for Repetition of Procedure.
By devolutive character of a legal remedy is implied the fact that in relation to a submitted legal remedy shall be decided by court of a higher instance from the one who has rendered the attacked decision.
Law no. Legal remedies have a suspensive character when they suspend the execution of a court decision, whereas lack this feature when they do not stop the execution of a court decision. Appeal against judgment is always of a suspensive character, whereas appeal against a ruling in principle has this characteristic, but to several rulings the appeal does not have a suspensive character.
Extraordinary legal remedies do not have a suspensive character, although, according to circumstances of a concrete case, court may decide to suspend the execution of a decision until proceedings related to that legal remedy comes to an end.
A legal remedy is unilateral if a court decides upon it without having the need to give the possibility to the opposing party to declare concerning its content. On the contrary a legal remedy is bilateral if to the opposing party should be given the possibility to declare concerning claims that the complainer filed.
Unilateral means of attack is solely appeal against ruling. All other legal remedies of attacking decisions are bilateral. Means of attacking decisions are usually independent, and by using them independently may be attacked all court decisions. There are few exceptions to this rule, and they have to do with appeal against several rulings of the first instance court. In the first one acts the court of the first instance whereas in the second one acts the court of the second instance.
Procedure at the first instance court The appeal shall be submitted in sufficient copies to the first degree court which rendered the attacked decision Article of LCP. All this procedure is conducted by the presiding judge who also finds that appeal is filed on time under the law and whether it is complete or permissible.
If the appeal is flawed, then the appeal is The appeal presented after the deadline foreseeable by the court, the incomplete one, or the illegal one the court can reject with a decision of the first degree without setting a court session. A sample of the appeal presented timely, legally and complete, is sent within seven days to the opposing party by the court of the first degree complain, that can be replied with presentation of an appeal within seven days Article After this, the first instance court within seven days, prepares the complete file of case concerning appeal and reply to appeal and sends it to the second instance court.
Procedure at the second instance court In the second instance court, is assigned a relevant judge by the president of the judicial panel based on the internal regulation on courts.
The rapporteur judge plays a decisive role in a concrete process and is obliged to actively deal with the submitted appeal. In Albania, the rapporteur is appointed by lot. The law does not set a deadline within which the court of first instance should give explanations. Whereas by bearing in mind the principle of efficiency in the procedure as a fundamental principle in the judicial civil proceedings, then the first instance court must give clarifications within a reasonable period of time Article of LCP.
In principle, it reviews the case only at the judicial panel hearing. Exceptionally, the appeal is reviewed at the main trial hearing. For discussion, the court of second instance shall determine a direct examination for the case even if the verdict of the first instance court was twice annulled, and in the case when court evaluates that the verdict against which an appeal is filed was based on essential violation of provisions of contestation procedure, or when the factual state was evaluated wrongly or incompletely.
The court of second instance can determine evaluation of the case when it estimates that for a rightful However, certain rules are applicable only to the court of second instance.
The court will summon parties and their representatives for the main trial hearing. All rules are applicable as in the court of first instance. The court may summon as well as witnesses and experts if necessary. In this case it is more expressed the principle of investigation rather than the principle of reviewing. In case of appellant or the opposing party absence, cannot be rendered a judgment because of disobedience or absence, which would be conducted in the procedure of the first instance, where would be concluded that party either waived or the appellant has withdrawn the appeal.
In case of one or both parties are absent court acts based on these documents: As a matter of fact the procedure is conducted by acting on the basis of the documentation contained in the case file from the content of which depend decision-making concerning the appeal. Court on summons shall notify the parties about legal procedural consequences of not attending the hearing. This procedural legal consequence consists in the fact that the court shall decide regardless whether the parties will reply to the summons or not Article of LCP.
Hearing is conducted with the presentation of case by a relevant judge, which has no right to express his opinion on the merits of the appeal. After this, the verdict is read or just the part involving the appeal and when needed the record in the final hearing in front of the court of first instance is read.
Than, the appellant justifies its appeal, while the opposing party responds to the appeal. Primarily in civil judicial procedure the administration of evidence is made directly, as it is in the first instance court, but there are also exceptions. Otherwise it would commit a violation of procedural provisions.
Likewise, the appellant cannot be put in a worse legal position with the decision of the second instance court, than it was with the decision of first instance court Article LCP. The second instance court shall only deal with that part of judgment for which was filed an appeal. The other part of judgment which was not attacked by appeal cannot be subject of review by the second instance court due to the fact that part has become final in formal and material meaning.
The second instance court is limited also concerning causes of appeal, so shall deal only with those causes that were submitted by the party in appeal. However, court ex officio shall consider essential the violations of absolute importance and whether the substantive law was properly applicable.
Of course the court shall not deal with these issues by its own initiative, but only after the appeal has been submitted against the verdict of the first instance court.
The Law by article of the LCP is limited to several essential causes of procedural provisions. Thus, the second instance court shall consider ex officio essential violations of absolute importance according to provision of the article , par. Which implies for other violations of procedural provisions according to the provision of Article , par.
Therefore, from the provision of Article of the LCP it appears that the court of second instance shall not be able to deal ex officio with essential violations of absolute importance, according to article , paragraph.
The same applies also concerning essential violations of relative importance, since with these violations shall deal solely the second instance court if the appellant has requested such a thing Article LCP.
These decisions are defined in detail due to the fact by these provisions are foreseen all possible decisions of the second instance court: Concerning these, the court of second instance decides either by a ruling or by a judgment.
If a party does such a thing this is not binding to the court. But the second instance court may annul the attacked judgment although a party has proposed its amendment and vice versa Article LCP. Dismissal of appeal The appeal presented after the deadline foreseeable by the court, the incomplete one, or the illegal one the court can reject with a decision of the first degree without setting a court session.
The annulment of judgment and its return to retrial The second instance court decides by ruling to annul the decision of the first instance court and returning the case for retrial at the first instance court. The LCP in Article explicitly provides cases in which the court acts in this manner, the following cases are: The second instance court may decide that the case to be retried by another court with the same subject matter jurisdiction if there is no other judge in the competent court which could be dealing with the retrial of the case Article , par.
Annulment of judgment and dismissal of indictment The second instance court by its ruling annuls the judgment and dismisses the indictment as inadmissible in all cases in which such a thing should have been made by the first instance court. The court acts like this when it concludes that the legal case submitted by an indictment does not fall within the judicial jurisdiction Article paragraph 1 of the LCP , when it concludes there is a negative procedural presumption Article paragraph 2 , or when it concludes the absence dealing with the capacity to be a party, with procedural capacity and with the representation of a party, cannot be avoided even in a retrial by the court of first instance Article of the LCP.
Rejection of appeal and confirmation of judgment The court of the second instance through a decision will reject the appeal as ungrounded, thus verifies the decision of the first instance court if it decides that there are no causes that affects the decision, nor causes for which is entitled to deal according to the official task.
In these two cases, this second instance court judgment becomes final in both formal and material meaning at the moment of delivery of the verdict to the parties Article LCP. Amendment of judgment The second instance court by judgment changes the attacked verdict, deciding on the object of the dispute. According to article of the LCP the second instance So this decision should not contain the reasoning part as it is the case with the decision of the first instance court.
But in certain cases it must present the decisive facts on the basis of which the decision was rendered, as if it was the rendering of a judgment on the merits of the appeal. After all, any eventual violation of this provision can not constitute grounds for filing a revision because of the violation of procedural provisions. The second This administrative judicial matter for sending the case to the first instance court is regulated by the provision of Article of the Law on Contested Procedure.
It is the right of parties included to civil contest not to be satisfied by the first instance court decision, therefore, the plaintiff the respondent or both parties are entitled to attack the respective decision by appeal, which represents a regular legal remedy. By appeal within determined legal deadline may be attacked all types of civil judgments regardless of whether the party participated during conducting contested civil procedure or not, respectively the court has ruled by judgment on the absence.
This circumstance is of special importance due to the fact it determines timelines to file an appeal which in principle is 15 days, with certain exceptions. Maintaining legal deadline for submitting the appeal constitutes a fundamental and formal issue whether the court shall examine the appeal or the same will be rejected as delayed. Court actions concerning the appeal are categorized into two groups, in those undertaken by the first and second instance courts.
These actions should be well- defined so the appellant shall not be damaged concerning time aspect in terms of waiting for the appeal to be reviewed by the Court of Appeals that in judicial practice unfortunately occurs many times, this due to the fact that delayed justice is not any type justice. Civil procedural law, contested procedure, Pristina, Jaksiq, Aleksandar: Gradjansko procesno pravo, Beograd, Ristic, Vukasin dhe Ristic, Millosin: Tafaj, Kola, Flutura and Vokshi, Asim: Civil Procedure, Tirana, The Constitution of the Republic of Kosovo, adopted on 09 April , entered into force on June 15, Cristina Elena Popa2 Associate scientific researcher - the Legal Research Institute of the Romanian Academy, Associate in the Chartered Institute of Arbitrators, Arbiter and mediator in Vienna International Arbitral Centre, Member of Arbitral Women Abstract The respect of the equality of rights, and of the non-discrimination liability, involves taking into account the treatment provided by the law for the ones to which it is applied, throughout the period while its regulations are effective, legal treatment that cannot be different.
Investing in people! It shall be further checked whether the principle of non- retroactivity of the civil procedural law — in terms of the obsolescence of the civil action — is compatible with art.
Results from this study that Romanian law is located on a transition phase. Reform of areas of law becomes imperative. Preliminaries Pursuant to the provisions of art.
The institution of the obsolescence of the court did not exist in the regulation of the Civ. We must specify the following: The civil procedure code of , in its initial form, provided, at art.
The Civil Code was decreed on November 26, enacted on December 4, and enforced on December 1, The courts initiated and slacked shall be obsoleted, in the absence of a request for pre-emption, by 30 years calculated since the latest procedural deed, whichever the prescription term of the actions following which those instances may have been initiated might be.Come Allenare La Massa Muscolare.
The court acts like this when it concludes that the legal case submitted by an indictment does not fall within the judicial jurisdiction Article paragraph 1 of the LCP , when it concludes there is a negative procedural presumption Article paragraph 2 , or when it concludes the absence dealing with the capacity to be a party, with procedural capacity and with the representation of a party, cannot be avoided even in a retrial by the court of first instance Article of the LCP.
This Digitopressione. What they differ in is possibility of monetary compensation for these moral damages. L Ascolto Profondo: