Julian Philipp Rapp
Revision, Kassation, Final Appeal
Letztinstanzliche Zivilverfahren zwischen Individualrechtsschutz und Rechtsfortbildung
[Revision, Cassation, Final Appeal. Civil Proceedings in Courts of Last Resort between Dispute Settlement and Judicial Lawmaking.]
2024. XXXVIII, 560 pages. Published in German.
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Courts of last resort decide individual disputes but are also engaged in developing the law by precedents. This twofold assignment shows a profound contradiction in any appellate proceeding: Civil justice primarily serves to achieve individual justice whereas the function of a supreme court is predominantly or almost exclusively oriented towards a »public« interest emancipated from individual legal disputes by clarifying legal questions, developing the law, and ensuring the uniform application of the law by lower courts.