Inadmissibility or reclassification of the appeal not provided for by law?

Some procedural and substantive law aspects of invoking the invalidity of addenda to the employment contract

Abstract

The purpose of this study is to draw attention to a situation in which the law appears to grant the court the free will to adopt either of the two procedural solutions having different impact on all contentious parties. It is about the situation in which the lower court mentions in the operative part of the court decision the right of the parties to challenge the judgments in other ways than provided by the law. Furthermore, the interested party even files for the appeal, which is wrongly indicated by the court. Is it possible to remove the rigid solution of rejecting the wrongly formulated appeal as inadmissible in favor of the requalification, as a flexible solution to this conflict?

Keywords: court decision, inaccurate mention in the operative part of the court decision, requalification of the appeal, inadmissibility of the appeal, the role of the court, predictable procedural framework.