Abstract
The admissibility of second appeal (Revision) in Serbian civil proceedings rests on a hybrid model, which entails the existence of so-called general second appeal, serving predominantly the private interests of the parties, and so called special second appeal (appeal by permission), serving primarily the public interests. The outcome of the existing regulation is the functional incapacity of the Supreme Court, which is backlogged like never before in its history. Therefore, it is time to clearly recognise the necessity of changing the paradigm of the supreme instance in the direction of shaping a precedent court of continental legal provenance. For this purpose, only a second appeal by permission would serve. However, the success of the reform would also depend on other circumstances, primarily those entailing the relinquishment of legal positivism.
Published Version
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