Κατεύθυνση Πολιτική Δικονομία
Library of the School of Law

2018-03-16

2018

Veneti Myrto

Γεώργιος Σινανίδης
Σπυρίδων - Στέφανος Πανταζόπουλος
Φλώρα Τριανταφύλλου - Αλμπανίδου

Το Μεταβιβαστικό Αποτέλεσμα της Έφεσης

Greek

The Transferring Effect of the Appeal

The subject matter of this paper is the transferring effect of the appeal, which is provided for in the Article 522 of the Code of Civil Procedure. According to this provision, only the chapters of the decision at first instance which were challenged by the appeal and the additional grounds, are transferred by appeal under the authority of the Appellate Court. This means, first, that the Appellate Court has the power to set aside the contested decision only in respect of its final provisions which the appellant has sought to eliminate and, in principle, only for the reasons on which the appellant's request was based and, secondly, if the appeal is admissible and the judgment appealed disappears, the re-examination of the merits of the case will again be made on the basis of the complainant's requests, namely the challenged chapters. The transferring effect therefore plays a crucial role in the appeal proceedings in that it marks the extent of the challenge to the contested decision and determines the power of the court of appeal, while at the same time defining the subject-matter of the secondary proceedings.
To this end, a comprehensive overview of this phenomenon and mainly of the concept of the chapter of the decision which is the subject of the transfer to the appellate court and of the extent of the transferal effect in the cases of objective and subjective complex -proceedings is attempted.

Law and Legislation

Civil Procedure

appeal, transferring effect of the appeal, chapter of the desicion, appeal' s request, additional grounds of the appeal

No

0

No

48

122

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https://pergamos.lib.uoa.gr/uoa/dl/object/2694418