In this paper, the author focuses on effect of enforceability, in particular relation to Austrian law. However, insights into German and European law are also provided. Enforceability is an a judgment which basically only granted performance judgments. Declaratory constitutive decisions (with exception decision costs) not enforceable as such. As result, order for contained can be enforced by st...

The types of guarantee institutions known in the Indonesian legal system can be classified according to their type, nature, purpose and management. Late payment will result a claim for guaranteed goods. Execution is an attempt by ruling party seek justice through res judicata. Bank guarantees, which are individual trustees, physical institutions, have different implementation methods at time de...

not well distinguishing between question fact and question of law, by lawyers, experts and judges produces unfavorable consequences on civil procedural system, from which substantially, our current judicial system suffers. our judges don't know well their duty to the wrong qualifications made in the pleas; solely being damages, the subject of plea, they rapidly assign the whole case to the...

In October 2019 the Constitutional Court (CC) handed down judgment in matter of Ascendis Animal Health (Pty) Limited v Merck Sharpe Dohme Corporation 2020 1 SA 327 (CC). This is its first dealing with validity a patent and, as it concerns issues that go heart law, potentially has far-reaching implications for litigation South Africa.
 At issue was question whether court's finding on one gr...

Knowledge and understanding the means of appeals lodged before the courts of the European Union, limited only to the points of law, are very important taking into account the modality to control a judgment delivered by an inferior court exists since ancient times, being governed among others, by the Larin principle: res judicata pro veritate accipitur. In the following we will examine, in gener...

The purpose of the article is a critical analysis legal positions in practice first 20 years work Constitutional Court Ukraine (hereinafter referred to as CCU), which deals with attempts this body give vision content and structure rule law. methodology systematic approach, method comparison, formal-logical method. As result, doctrine characterized by unclear, lack unified approach criteria for ...