Distinction between grounds of appeal, substantive defenses and procedural defenses on appeal

DEZBATERI

Abstract

This study briefly sets out some considerations regarding the distinction between the grounds of appeal, which are intrinsic requirements of an appeal, the substantive defenses to appeal and the procedural defenses raised on appeal2.

At the procedural stage of the appeal, procedural irregularities committed during the appeal and shortcomings relating to the right of appeal which do not involve a decision on the merits of the appeal shall be raised in the form of a procedural defence, which may take the form of a procedural objection or, as the case may be, another procedural issue which is not raised by way of objection under the law.

On the other hand, procedural irregularities committed before the first court and shortcomings relating to the right to bring an action, which, without calling into question the merits of the case, were raised before the first court in the form of a procedural objection, are raised in the appeal stage solely in the form of a ground of appeal or, as the case may be, a substantive defence to the appeal.

Keywords: appeal; claim for appeal; ground of appeal; procedural objection in appeal; substantive defence against appeal; procedural incident in appeal