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Discussion in 'Vocabulary & Translation Help' started by MARKPROPHET, Jul 1, 2010.

  1. MARKPROPHET

    MARKPROPHET Member

    What is the precise difference between an odvolaci soud and a dovolaci soud?

    Can someone explain the process?
    Is it that you use an odvolaci soud (appellate court) to appeal a judgment, and if that fails have your appeal re-heard by a dovolaci soud? (not sure precisely how to translate).

    Please help.

    Many thanks javascript:emoticon(':(')
     
  2. wer

    wer Well-Known Member

    Odvolací soud is a court which rules on odvolání, dovolací soud rules on dovolání.

    Odvolání is a request (or the process for requesting) to higher authority (court, administrative body…) for changing a decision by a lower authority. Odvolání is regular legal remedy against a decision which is not final and it has suspensive effect. The higher authority can review the decision from all aspects including the facts of the case.

    Dovolání is a request to higher court for changing a final decision by odvolací soud. It is an extraordinary legal remedy and it has no suspensive effect. The higher authority can review only the legal aspects of the decision, i.e. it can’t review the facts of the case. There is no legal remedy against the ruling by dovolací soud but a constitutional complaint.
     
  3. MARKPROPHET

    MARKPROPHET Member

    Great! thanks.
     

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