This chapter offers a comparative analysis of the limitations placed on appeals in civil matters of smaller economic significance, focusing on Germany, Austria, and post-Yugoslav jurisdictions. It examines two principal models: restricting the availability of appeals, as envisaged in German law, and limiting the grounds for appeal, a concept found both in Austrian and post-Yugoslav laws. The study shows that both models rest on idea of proportionality, as in principle the limitations are related to the matters of smaller economic significance. Primary goal of restricted access to the appellate court, in general, lies in securing functionality of the judiciary. However, due to the constitutional right to appeal in post-Yugoslav jurisdiction, the importance of legitimatisation of such restriction in small claims proceedings becomes evident. High monetary thresholds, which are in the light of socio-economic relations exorbitant, arguably establish the violation of the constitutional right to appeal.

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A Comparative Analysis of the Limitations of Appeal in Civil Procedure: Reflections of the De Minimis Principle

  • Marko S. Knežević

摘要

This chapter offers a comparative analysis of the limitations placed on appeals in civil matters of smaller economic significance, focusing on Germany, Austria, and post-Yugoslav jurisdictions. It examines two principal models: restricting the availability of appeals, as envisaged in German law, and limiting the grounds for appeal, a concept found both in Austrian and post-Yugoslav laws. The study shows that both models rest on idea of proportionality, as in principle the limitations are related to the matters of smaller economic significance. Primary goal of restricted access to the appellate court, in general, lies in securing functionality of the judiciary. However, due to the constitutional right to appeal in post-Yugoslav jurisdiction, the importance of legitimatisation of such restriction in small claims proceedings becomes evident. High monetary thresholds, which are in the light of socio-economic relations exorbitant, arguably establish the violation of the constitutional right to appeal.