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Appeals and other Means of Recourse against Judgments in the Context of the Effective Protection of Civil Rights and Obligations

Introduction and synthetic summary of the book. Perfection in the factual accuracy and ultimate consistency of legal reasoning at the national level are fine and noble tasks. However, in real life we have to learn to live with moderate imperfections. Therefore, hardly any legal system can afford the luxury of full and unlimited review of judicial decisions. In constructing a satisfactory appeals system, the available options are broad, ranging from limiting to filtering appeals, and ultimately to the exclusion of appeals altogether in matters that are not of fundamental importance. Indeed, repetitio est mater studiorum, and therefore the review of decisions may help to improve quality. The better solution, however, is to concentrate on improving court decisions at first instance, reducing the need for appeals altogether.

appeals, civil procedure, comparative law, comparative civil procedure

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