When does a civil judgment take effect? When does an appellate judgment in civil procedure take effect?
When does a civil judgment become effective?
For first-instance civil judgments, according to Clause 2, Article 282 of the 2015 Civil Procedure Code, it is stipulated as follows:
Consequences of Appeal and Protest
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2. The first-instance judgment, decision of the first-instance court, or parts thereof that are not appealed or protested against under appellate procedures will become legally effective from the date the time limit for appeal or protest expires.
Thus, first-instance judgments of the first-instance court or parts of such judgments that are not appealed or protested against under appellate procedures will become legally effective from the date the time limit for appeal or protest expires.
Moreover, according to Clause 1, Article 273 of the 2015 Civil Procedure Code:
Time Limit for Appeal
1. The time limit for appeal against the judgment of the first-instance court is 15 days from the date of pronouncement; for litigants, representatives of agencies, organizations, or individuals bringing the lawsuit who are not present at the court session or when the judgment is pronounced for a valid reason, the time limit for appeal is calculated from the date they receive the judgment or the judgment is posted.
In cases where litigants, representatives of agencies, organizations, or individuals bringing the lawsuit have participated in the court session but were absent when the court pronounced the judgment without a valid reason, the time limit for appeal is calculated from the date of pronouncement.
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And according to Clause 1, Article 280 of the 2015 Civil Procedure Code:
Time Limit for Protest
1. The time limit for protest by the same-level procuracy against the judgment of the first-instance court is 15 days, and by the immediate superior procuracy is 1 month from the date of pronouncement. In cases where the procurator did not participate in the court session, the time limit for protest is calculated from the date the same-level procuracy receives the judgment.
Thus, the time limit for appeal against the judgment of the first-instance court is 15 days from the date of pronouncement. The time limit for protest by the same-level procuracy against the judgment of the first-instance court is 15 days, and by the immediate superior procuracy is 1 month from the date of pronouncement.
Note: For litigants, representatives of agencies, organizations, or individuals bringing the lawsuit who are not present at the court session or when the judgment is pronounced for a valid reason, the time limit for appeal is calculated from the date they receive the judgment or the judgment is posted.
In cases where litigants, representatives of agencies, organizations, or individuals bringing the lawsuit have participated in the court session but were absent when the court pronounced the judgment without a valid reason, the time limit for appeal is calculated from the date of pronouncement.
Thus, depending on the case, the time for filing an appeal or protest varies according to the aforementioned provisions.
Once the time limit for appeal or protest expires and the first-instance judgment of the first-instance court is not appealed or protested against under appellate procedures, it becomes effective from the date the time limit for appeal or protest ends.
When does a civil judgment become effective? When does an appellate judgment in civil procedures become effective? (Image from the internet)
When does an appellate judgment in civil procedures become effective?
According to Clause 6, Article 313 of the 2015 Civil Procedure Code, it is stipulated as follows:
Appellate Judgment
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4. The content part of the case, appeal, protest, and review must summarize the content of the case, the decision of the first-instance court, and the content of the appeal or protest.
The court must base on the documents, evidence reviewed at the court session, the result of the argument at the court session to analyze, evaluate, and review the appeal, protest, the details of the case, the resolution, trial of the first-instance court, the legal basis applied by the court. If the case falls under the provisions of Clause 2, Article 4 of this Code, it must also be based on custom, legal analogy, basic principles of civil law, precedent, or fairness to accept or reject the appeal, protest, and resolve other related issues.
The decision part must clearly state the legal bases and the decision of the trial panel on each issue to be resolved in the case, on the application of provisional urgent measures, first-instance court fees, appellate court fees, litigation costs (if any).
5. When retrying a case in which the judgment or decision has been partially or entirely annulled according to cassation or reopening procedures, the court must resolve the property, obligations that have been enforced (if any) according to the legally effective judgment or decision that has been annulled and must state clearly in the judgment.
6. The appellate judgment is legally effective from the date of pronouncement.
The appellate judgment in civil procedures becomes effective from the date of pronouncement.
What are the contents of the request for cassation review of an appellate judgment?
According to Article 328 of the 2015 Civil Procedure Code, the request for cassation review of a legally effective judgment or decision of the court includes the following main contents:
Request for Cassation Review of a Legally Effective Judgment or Decision of the Court
1. The request for cassation review of a legally effective judgment or decision of the court must contain the following main contents:
a) Date of making the request;
b) Name and address of the requester;
c) Name of the legally effective judgment or decision of the court requested for cassation review;
d) Reasons for the request, the requester's demands;
e) If the requester is an individual, they must sign or point their fingerprint; if the requester is an agency or organization, its legal representative must sign and stamp the end of the request; in case the requesting organization is an enterprise, the use of the seal shall comply with the provisions of the Law on Enterprises.
2. Attached to the request, the requester must send the legally effective judgment or decision of the court, documents, evidence (if any) to prove that their request is well-founded and lawful.
3. The request and documents, evidence must be sent to the person with the authority to protest as stipulated in Article 331 of this Code.
The request for cassation review of an appellate judgment must contain the main contents above, accompanied by the appellate judgment, documents, and evidence (if any) to prove that the request is well-founded and lawful.
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