III AO 25/97
AI generated
Supreme Court dismisses request for interpretation of judgment reasoning, ruling only the operative part requires interpretation.
Legislator summary
AI generatedThe Supreme Court dismissed the Municipality's request for interpretation of a previous judgment. The applicant sought clarification on legal expressions within the reasoning section, arguing the Supreme Court's view on land ownership and municipalization was incorrect. The court held that interpretation applies only to the operative part of a judgment, not its reasoning, and since the operative part was clear, the request was without merit.
Legislator headnote
AI generatedArt. 353 KPC; Interpretation of a judgment applies to its operative part, not its reasoning, and requests cannot serve to clarify legal terms in the reasoning or to dispute the court's stance.
Keywords
AI generated
interpretation of judgment
operative part
reasoning section
Supreme Court procedure
municipal property law
Cited Legislation
AI generatedArt. 353 KPC
Cited Case Law
AI generatedIII AZP 13/93
III ARN 65/96
III RN 16/97
Supreme Court ruled that a return of property decision is constitutive, not declaratory, and does not block ex tunc land use rights.
IV SA 1348/91