Appeal in bad faith in civil procedural law

The parties are provided the opportunity to appeal in order to ensure the control of the decisions rendered at the end of the legal proceeding as a general principle of law as well as requirement of the state of law. However it is frequent the parties employ this opportunity of appeal beyond its essential function namely the control of court decisions. This problematic phenomenon is defined as appeal with bad faith. Considering that appeal with bad faith conduces to the common assessment of two major legal institutions such as the principle of good faith and legal remedies this phenomenon constitutes a subject which is required to be discussed from different perspectives by virtue of either its theoretical or its practical importance. In the present study, we aim to consider appeal with bad faith as an autonomous legal institution, examine legal character of the present legal institution by means of its theoretical and historical background and evaluate finally the outcomes of appeal with bad faith.