REOPRNONG OF CIVIL PROCEEDINGS IN THE LIGHT OF THE MACEDONIAN LAW ON CIVIL PROCEDEEINGS AND THE ELI/UNIDROIT MODEL EUROPEAN RULES OF CIVIL PROCEDURE

Litigation is an essential method of protecting citizens' subjective rights and interests. The ultimate goal of the litigation is lawful judgment. In spite of this tendency the court may make an unlawful or incorrect judgment due to violations of the procedure, the incorrect or incomplete determination of the facts or wrong application of the substantive law. It is for these reasons the dissatisfied party, may submit ordinary or an extraordinary legal remedies, i.e. he/she may request the competent court to reconsider the judgment rendered in the particular legal matter. The reopening of civil proceedings is an extraordinary legal remedy, which is submitted after the national court’s judgment has become final on grounds specifically provided in the law on civil proceedings. Such a review may, if successful, rescind a judgment that has become res judicata. This article undertakes an in-depth analysis of the provision concerning the reopening of civil proceedings in the currently valid Macedonian Law on Civil Proceedings vis-à-vis the ELI/UNIDROIT Model European Rules of Civil Procedure. It locates the discrepancy of the Macedonian legislation with the ELI/UNIDROIT Model European Rules of Civil Procedure and gives prepositions for its de lege ferada improvement and development.