Revision

In this article we will deal in detail with the concept of revision in civil procedure. It is important to note that there are different types of appeal procedures, depending on the type of dispute (e.g. civil, criminal or administrative). In this article, we focus exclusively on civil litigation.

Introduction

An appeal is a legal remedy that allows a party to request a higher court to review a judgment or decision of a lower court for errors of law. In civil procedure, an appeal is usually filed when a party believes that the appellate court made an error of law that affects the judgment.

Difference between revision and appeal

While the appeal allows for a review of both the legal and factual findings, the appeal is limited to a review of errors of law. This means that, as a rule, the appellate court does not consider new evidence and does not address the question of whether the facts were correctly established.

Requirements for a revision

There are certain requirements that must be met in order to file an appeal in civil procedure:

1. Admission of the appeal: As a rule, the appeal must be admitted by the court of appeal. This happens if the court is of the opinion that the case is of fundamental importance or if the further development of the law or the safeguarding of uniform case law requires a decision by the appellate court.
2. Deadlines: The appeal must be filed within a certain period. In Germany, this period is one month from service of the full judgment.
3. Reasoning: The appeal must be substantiated. This means that the party filing the appeal must specifically state what legal errors it believes the appellate court made and why the judgment should be changed.

Course of the revision procedure

1. Filing an appeal: An appeal is filed by submitting a notice of appeal to the court whose decision is being appealed.
2. Justification of the appeal: Within a certain period after filing the appeal, the appeal must be justified. The statement of reasons must set forth the errors of law that the court of appeals is alleged to have made.
3. Response of the opposing party: The opposing party has the opportunity to respond to the appeal and to present its view of the matter.
4. Decision of the appellate court: The appellate court makes a decision. It may confirm, amend or set aside the judgment of the lower court and refer the case back to the court of appeal for a new hearing.
5. Legal force of the decision: As a rule, the decision of the appellate court is final and binding on the parties.

Importance of the revision

Revision plays an important role in civil procedure by ensuring that the law is interpreted and applied consistently. It serves to correct legal errors in the decisions of the courts of appeal and contributes to legal certainty.

Risks and costs

As with other appeals, there are costs associated with filing an appeal. There is also a risk that the appeal will be rejected. It is therefore advisable to carefully consider whether this is justified before filing an appeal and to seek legal advice if necessary.

Concluding remarks

The appeal in civil procedure is a complex legal remedy that allows to correct legal errors in the decisions of the courts of appeal. However, it comes with a cost and should be used wisely. It is often advisable to seek legal advice before deciding to appeal.