| Title: | Judicial precedent in civil law : a critical perspective on the Slovenian approach |
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| Authors: | ID Novak, Marko (Author) |
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| Files: |  04102_Marko_Novak.pdf (138,08 KB)
MD5: F1AF7942848AABBF97FC0C4ABAF2091B
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| Language: | English |
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| Work type: | Unknown |
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| Typology: | 1.01 - Original Scientific Article |
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| Organization: | FDŠ - Nova Univerza - The Graduate School of Government and European Studies
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| Abstract: | The so-called precedential effect of a judgment, which means that it is binding both on the court that decided the dispute and on all the lower courts within a given jurisdiction, is typical of the common law courts, since it has historically replaced the legislature and provided a certain order and stability in the mass of judicial decisions and tribunals at different instances. However, since the great families of common law and continental European law have converged considerably over time, we can speak of certain precedential effects also in the case of continental courts, including in Slovenia. These are still lagging behind the normative force of the precedential effects of common law judgments, but they are important developments that should be taken into account. We are talking about vertical precedential effects as well as horizontal ones, which are a particular problem in Slovenia. |
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| Publication date: | 01.01.2024 |
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| Year of publishing: | 2024 |
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| Number of pages: | str. 83-99 |
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| Numbering: | [Št.] 102 |
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| PID: | 20.500.12556/ReVIS-11539  |
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| COBISS.SI-ID: | 227737859 |
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| UDC: | 34(497.4) |
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| ISSN on article: | 1408-9653 |
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| Publication date in ReVIS: | 24.03.2025 |
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| Views: | 292 |
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| Downloads: | 6 |
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| Metadata: |    |
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