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EPPiSM Baner

No. 3/2024 (2024)

Artykuły

Procedures Related to the Appeal of the First Instance Court Decision in Georgian Civil Law

DOI: https://doi.org/10.52097/eppism.9262  [Google Scholar]
Published: 2024-11-04

Abstract

As is well known, appellate courts are part of the judicial system in almost every country - whereby parties (including corporations) may file an appeal to review a first instance court decision. In this way, the losing party has the chance to have the decision of the
first instance court reviewed by the appellate courts - to determine whether or not the first instance court applied the law correctly. The role of the appellate court in Georgia increased significantly after the 28 December 2007 amendments to the Georgian Civil
Procedure Code. As a result of these changes, the prerequisites for the admissibility of a cassation appeal became more complicated, while the role and importance of the court of appeal increased. According to the changes introduced - the court of appeal became the court of last instance in most cases. All this has placed even more responsibility on the court of appeal.
Georgia has an incomplete (limited) appellate model. This means that the merits of the appeal are tested on the basis of the facts and evidence presented and examined by the court of first instance. As far as new facts and evidence are concerned, their submission to the appellate court is allowed only in cases provided by law. As a result of the amendments, the scope of powers and duties of the court of appeal has been further expanded.

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