SECTION VII - Appellate Jurisdiction And Procedure

Extract

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SECTION VII - Appellate Jurisdiction And Procedure

47. If no notice of appeal is given, the judgment becomes operative, i.e. it obtains legal validity (Rechtskraft). The word Rechtskraft has a double meaning, one procedural (formell) and one substantive (materiel). A judgment has formelle Rechtskraft when it can no longer be challenged, either because the time for presenting an appeal has elapsed or because both parties have expressly renounced their right of appeal. It can then be enforced. A judgment attains materielle Rechtskraft by having settled the case in question once and for all; on the pr...

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