Abstract

The article analyses the institution of complaint about reversal of a judgment of a court of 1st instance by a court of 2nd instance and forwarding the case to be re-examined (Art. 3941 § 11 of the Code of Civil Procedure), which has been introduced by the legislator in order to restrict the irregular practice of courts of 2nd instance, namely the abuse of Art. 386 § 4 of the Code of Civil Procedure and passing cassation decisions instead of resolving the case as to its merits, in effect of which the proceedings have been significantly protracted. The article presents not only the theoretical construction of complaint under Art. 3941 § 11 of the Code of Civil Procedure, but also formal requirements to be satisfied by compliant and the objective scope of proceedings before the Supreme Court.