Journal articles: 'Civil Law and Procedure'

1

Ivanova, Marina. "Unconventional Sources of Civil Procedure Law." Bulletin of the South Ural State University series "Law" 16, no. 1 (2016): 73–78. http://dx.doi.org/10.14529/law160112.

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Rosenn, Keith S. "Civil Procedure in Brazil." American Journal of Comparative Law 34, no. 3 (1986): 487. http://dx.doi.org/10.2307/840359.

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Kozyris, Phaedon John, and Pelayia Yessiou-Faltsi. "Civil Procedure in Hellas." American Journal of Comparative Law 46, no. 3 (1998): 581. http://dx.doi.org/10.2307/840844.

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Ghanbari, Nader, Hassan Mohseni, and Dawood Nassiran. "Comparative Study of Civil Procedure in Common Law and Civil Law Systems." Journal of Politics and Law 9, no. 5 (June 29, 2016): 267. http://dx.doi.org/10.5539/jpl.v9n5p267.

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Comparing the legal systems is a specific method in which due to its important function is considered as a separate branch in law. None of the branches in law can place its knowledge merely on ideas and findings within the national borders. Several basic objections have been given regarding the definition and purpose of comparative study in civil procedure. In addition there are specific problems regarding studying practically the similar systems in a legal system like differences in purpose, definition and concept. In different legal systems like civil law and common law systems in which there is a divergence, even the judicial system`s organs and judges` appointment and judicial formalism are different, which add to the problems of the comparative study. Reviewing these differences could lead to a better understanding of these legal systems and recognizing the common principles in making use of each other`s findings considering these differences and indicate the obstacles of comparative study in this regard.

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van Rhee, C. H. "Civil Procedure: A European Ius Commune?" European Review of Private Law 8, Issue 4 (December 1, 2000): 589–611. http://dx.doi.org/10.54648/315110.

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In many countries civil procedure is considered a subject hardly lending itself for scholarly investigation. To prove that this was not always the case, the present article starts by outlining the history of civil procedural law as an academic discipline. The outline shows that civil procedure was considered to be worthy of scholarly attention up to the period of codification. The situation changed after the laws of civil procedure in the various European countries had been codified. One of the reasons was the decline in significance of legal history and comparative law as a result of codification. The article subsequently discusses two questions of civil procedure particularly deserving academic study within the context of contemporary Europe. The questions are the following: 1) To what extent can the law of civil procedure be regarded as an international, European discipline? 2) What roles can legal history and comparative law play in shaping the future law of civil procedure?

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Varano, Vincenzo. "Civil Procedure Reform in Italy." American Journal of Comparative Law 45, no. 4 (1997): 657. http://dx.doi.org/10.2307/841010.

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Hulbert, Richard W. "Comment on French Civil Procedure." American Journal of Comparative Law 45, no. 4 (1997): 747. http://dx.doi.org/10.2307/841015.

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8

Gottwald, Peter. "Civil Procedure Reform in Germany." American Journal of Comparative Law 45, no. 4 (1997): 753. http://dx.doi.org/10.2307/841016.

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9

Goldstein, Stephen. "Forty Years of Civil Procedure." Israel Law Review 24, no. 3-4 (1990): 789–806. http://dx.doi.org/10.1017/s0021223700010219.

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One may ask what changes have occurred in Israeli civil procedure in the 40 years of the existence of the State. The answer is clear—almost none. This is true as to both of the major concerns of civil procedure, i.e., (a) the conduct of the proceedings pursuant to the rules of civil procedure, and (b) the court structure and allocation of jurisdiction among the different courts.Of course there have been some changes in the last 40 years. Regarding the Rules of Civil Procedure one can point to changes such as the expansion of the use of summary process and originating summons, along with the abolition of the docket preference given to summary process proceedings after a right to defend has been granted; the adoption of the American pre-trial conference proceeding; important developments as to linkage differentials and interest that are added to money judgments; and expansion of third-party practice proceedings.

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Szabados, Tamás. "New Hungarian Civil Procedure Act and the Development of European Rules of Civil Procedure." European Review of Private Law 24, Issue 6 (December 1, 2016): 1237–43. http://dx.doi.org/10.54648/erpl2016071.

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Almost at the same time, two significant projects related to civil procedure have been launched. The first one is the ELI/UNIDROIT project ‘From Transnational Principles to European Rules of Civil Procedure’, while the other is the codification of the New Hungarian Civil Procedure Act. This article briefly summarizes the lectures delivered at the Conference on the ‘New Hungarian Civil Procedure Act and the Development of European Rules of Civil Procedure’ held in Budapest at the Hungarian Academy of Justice on 30 and 31 May 2016. The goal of the conference was the introduction of the ELI/UNIDROIT project to Hungarian lawyers as well as giving an insight into the Hungarian codification process for the international audience. At the conference, internationally renowned academicians who are participating at the elaboration of European Rules of Civil Procedure discussed the major topics of the draft European model rules, whereas Hungarian scholars presented the parallel issues of codification concerning the New Hungarian Civil Procedure Act.

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Fetisov, Aleksandr K. "Normativity of the Civil Procedure Form in the Post-Reform Civil Procedure Period." Arbitrazh-civil procedure 11 (October 29, 2020): 9–10. http://dx.doi.org/10.18572/1812-383x-2020-11-9-10.

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The article examines the impact of changes in procedural institutions on the procedural form. In the case of gaps, civil procedural relations may arise as factual and then be governed by civil procedural law. Judicial practice is becoming a direct source of such regulation.

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12

Samsonov, Nikolai V. "The doctrine of civil procedure law and its importance for national judicial procedure." Vestnik of Saint Petersburg University. Law 13, no. 2 (2022): 415–32. http://dx.doi.org/10.21638/spbu14.2022.208.

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The article analyses approaches to the understanding legal doctrines that exist in legal science, in order to determine the essence of the civil procedure doctrine, to dissociate it from other related notions and to identify its importance for national judicial procedure. While using this basis, the author gives his definition of “the doctrine of civil procedure law” and gives a classification of legal doctrines. Furthermore, existing cases of the Constitutional Court of the Russian Federation and other courts using civil procedure doctrine in order to motivate their decisions are studied. A conclusion is made that there is no judge’s perception of the doctrine as a source (a form) of law and it is only used as a supplementary argument not having a decisive character and being used along with rules of logic and of common sense. Among considerable factors preventing judges from using the legal doctrine in such a capacity, the author indicates its non-compliance with conditions of legal certainty and legally binding character and the lack of a mechanism for applying doctrinal provisions to civil judicial procedure, as well as the fact that the legal doctrine tends to be dispersed in other sources of law. As a result, the author suggests regarding the doctrine of civil procedure law not as a source (a form) of law, but as a source of legal knowledge providing basis for the emergence of law in a form of legislative act, legal case or other, as a phenomenon being a theoretical and methodological basis of legal system, giving future-oriented models of court organization and civil judicial procedure, legal regulation of legal procedure in courts of general jurisdiction concerning civil cases, a phenomenon having an impact on judges’ and other civil procedure participants’ legal conscience.

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Iliukhina, Vera. "Principles of Russian civil procedure law: positivist approach." Current Issues of the State and Law, no. 16 (2020): 515–22. http://dx.doi.org/10.20310/2587-9340-2020-4-16-515-522.

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Based on the positivist approach to consciousness the law principle, the classification of the principles of Russian civil procedure law is clarified. The principles of civil procedural law of the Russian Federation are understood as the basic provisions of the civil procedural law branch, enshrined in the Constitution of the Russian Federation and (or) the Civil Procedure Code of the Russian Federation. Depending on the source of consolidation, there are three types of normative principles of civil procedure law: 1) constitutional principles of civil procedure law, duplicated in the Civil Procedure Code of the Russian Federation; 2) constitutional principles of civil procedure law that are not duplicated in the Civil Procedure Code of the Russian Federation; 3) branch principles of civil procedure law, reflected in the Civil Procedure Code of the Russian Federation. The first group includes 12 prin-ciples, the second – 7 principles, and the third – 2 principles. In contrast to the previously proposed approach to the principles of civil procedure law in our classification, the number of principles included in the first and second groups is expanded. In particular, the first group includes the principle of le-gality, the principle of guaranteed protection of human and civil rights and freedoms, the principle of respect for the individual's honor and dignity, the principle of the individual's freedom and inviolability, the principle of secrecy of correspondence, telephone and other conversations, postal, telegraphic and other messages, the principle of home inviolability, the principle of freedom from the obligation to testify, and the principle of administering justice only by the court. We put forward the position that some of the nor-mative provisions of the Code of Civil Procedure are not the initial, funda-mental ideas of civil procedure law.

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Butakova, Yana Sergeevna. "The peculiarities of English civil procedure." Международное право, no. 1 (January 2021): 54–69. http://dx.doi.org/10.25136/2644-5514.2021.1.34795.

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Each year in Russia, hundreds of thousands of agreements are concluded under the jurisdiction of English law, more precisely the law of England and Wales. Hundreds of transactions are structured in accordance with English law, and thousands of prenuptial agreements are concluded in compliance with English law. What is the reason for such high demand for English law? Is English justice better than Russian – most humane and fair in the world? The aforementioned questions are the subject of this research. The goal is to examine the peculiarities and stages of the English legal procedure, determine its strong sides, as well assess the possibility of their implementation into the Russian procedural realities. The relevance of the selected topic is substantiated by its novelty and insufficient study in the Russian scientific environment (the period from 2008 to the present marks virtually no research dedicated to English legal procedure. Research methodology consists of the theoretical methods, namely the analysis of primary sources of English court rulings, as well as theoretical explorations of a number of English and American authors. The conclusion is made on possibility and desirability of implementation of the experience of English justice into the Russian legal procedure in regard to circumventing the rule of prejudice, abuse of right while filing an appellate complaint, and violations of the arbitration clause by the parties.

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15

Krans, Bart. "EU Law and National Civil Procedure Law: An Invisible Pillar." European Review of Private Law 23, Issue 4 (August 1, 2015): 567–87. http://dx.doi.org/10.54648/erpl2015038.

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Abstract: The Europeanization of national civil procedure law consists out of several pillars. The influence of the European Convention on Human Rights (ECHR) is well known. A second pillar of the European influence on civil procedure law is the growing number of European regulations concerning the crossroads of civil procedure law and private international law. This article focuses on the Europeanization of national law by a third, ‘invisible pillar’. The European influence in the ‘invisible pillar’ concerns many topics, such as ex officio application law, burden of proof, means of proof, costs, the free choice of a lawyer, the threshold amount exempt from seizure and arbitration. The first part of this invisible pillar follows from the role of national civil procedure law in enforcing EU law. The European Court leaves the procedural law to the national courts. The second area of the invisible pillar concerns procedural rules in Directives. A close look at several Directives reveals that the list of procedural topics touched upon by Directives is far from small. Directives contain procedural rules relevant for various capita of the civil procedure law of the Member States. This article seeks to shine some light on parts of this pillar by examining three topics: ex officio application, costs and the free choice of a lawyer, and legal expenses insurance. These examples serve to demonstrate that this area covers a wide variety of topics. Three problems relating to this invisible pillar will be identified: uncertainty, external differences, and internal differences.

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16

Woolf, Harry. "Civil procedure—time for changes*." Law Teacher 20, no. 3 (January 1986): 151–59. http://dx.doi.org/10.1080/03069400.1986.9992668.

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17

SHERSTYUK, V. M. "CAUSE AND CONSEQUENCES CATEGORIES IN ARBITRATION PROCEDURAL AND CIVIL PROCEDURE LAW." Herald of Civil Procedure 10, no. 2 (May 1, 2020): 9–31. http://dx.doi.org/10.24031/2226-0781-2020-10-2-9-31.

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18

Salogubova, Elena, and Alan Zenkov. "Roman law ’s influence on russian civil law and procedure." Russian Law Journal 6, no. 2 (June 15, 2018): 118–33. http://dx.doi.org/10.17589/2309-8678-2018-6-2-118-133.

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19

Molodyko, Kirill. "Russian Compulsory Financial Ombudsman and Civil Procedure." Russian Law Journal 9, no. 3 (September 29, 2021): 111–36. http://dx.doi.org/10.17589/2309-8678-2021-9-3-111-136.

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In international law, there is no directly prescribed duty of states to create the institution of financial ombudsman. However, in practice this institution is in real terms very popular for effectiveness in various forms. This paper analyzes the models of financial ombudsman in some of the leading European jurisdictions as well as the Russian model and its distinction from all these models. The successful introduction of compulsory financial ombudsmen according to a new Russian law is impossible without deep integration of this institution with the general civil procedure legislation. The Russian financial ombudsman is authorized by law to partially create for himself the rules for resolving disputes, which in essence gives him the right to create rules of civil procedural law. Since pre-trial settlement of certain categories of civil disputes in the financial markets through the financial ombudsman system is mandatory, providing him with unlimited discretion to determine the amount of the fee for considering a case, this can create a conflict of interest in his or her activities. The new Russian law is criticized for numerous inconsistencies with civil procedure legislation, without the elimination of which the practical work of the financial ombudsmen will be ineffective. I offer some legal approaches for the development of this institution. The competence of the further alternative dispute resolution (ADR) Russian institutions depends on the success or failure of the financial ombudsman.

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20

Langbein, John H. "The German Advantage in Civil Procedure." University of Chicago Law Review 52, no. 4 (1985): 823. http://dx.doi.org/10.2307/1599518.

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Kengyel, Miklós. "Recent developments in Hungarian Civil Procedure." Acta Juridica Hungarica 49, no. 3 (September 2008): 304–10. http://dx.doi.org/10.1556/ajur.49.2008.3.5.

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22

Clark, David S. "Civil and Administrative Courts and Procedure." American Journal of Comparative Law 38 (1990): 181. http://dx.doi.org/10.2307/840540.

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23

Ota, Shozo. "Reform of Civil Procedure in Japan." American Journal of Comparative Law 49, no. 4 (2001): 561. http://dx.doi.org/10.2307/841050.

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24

ZUCKERMAN, A. A. S. "Quality and Economy in Civil Procedure." Oxford Journal of Legal Studies 14, no. 3 (1994): 353–87. http://dx.doi.org/10.1093/ojls/14.3.353.

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Miller, Geoffrey P. "Introduction: Economic Analysis of Civil Procedure." Journal of Legal Studies 23, S1 (January 1994): 303–6. http://dx.doi.org/10.1086/467926.

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Carpi, Federico. "Urgent Relief in Italian Civil Procedure." Israel Law Review 20, no. 4 (1985): 456–61. http://dx.doi.org/10.1017/s0021223700008748.

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Urgent relief imposes two basic requirements which influence both the procedure and the structure of the trial in which it is applied: avoiding prejudice and, in order to avoid prejudice, deviating from the general rules of procedure.As Calamandrei rightly noted in his fundamental work of 1936 (recently reprinted), the duration of the ordinary suit can lead to the danger that measures taken will be both useless and tardy. This is not a new viewpoint: it was a valid dictum in the Roman trial that “Si periculum est in mora, receditur a regulis iuris communis”.The thing which is new in our times is the consciousness in democratic legal systems that the judicial protection of rights and legitimate interests is not effective unless it is quickly obtainable. This observation applies to ordinary commercial rights, but above all it applies to non-commercial ones, for example rights of the person and his liberty. In other words, the time factor has become a vital one in guaranteeing and effecting access to justice.It is well known that the United States Constitution establishes the right to a speedy trial. Article 6 of the European Convention on Human Rights similarly states that everyone has the right to have his case decided “dans un d61ai raisonable”.

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YAKUSHEV, P. A. "AUTONOMY OF FAMILY RELATIONS AND CIVIL PROCEDURE." Herald of Civil Procedure 11, no. 1 (April 20, 2021): 277–93. http://dx.doi.org/10.24031/2226-0781-2021-11-1-277-293.

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The article examines the ontology of the autonomy of family relations and its impact on the independence of family law as a branch of law. It is proved that the independence of family law as a branch of law, due by the nature of family relations and their autonomy, determines the need to regulate family relations by an independent codified normative legal act containing material norms of law. Thus, it is concluded that the branch autonomy does not determine the existence of a separate system of courts for the settlement of disputes connected with application of norms of law and an independent justice. Since all family disputes can be considered by courts of General jurisdiction within the existing types of legal proceedings (claim proceedings, special proceedings, writ proceedings), the creation of specialized family courts in the Russian Federation is impractical. However, for the proper consideration and resolution of family disputes, based on the specifics of their subject composition, the subject of dispute, the nature of relationships, degree of procedural activity of the court, it is necessary to supplement Civil procedural code of the Russian Federation separate chapters containing the rules governing the procedural peculiarities of consideration of some categories of family disputes.

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장완규. "Improvement of Civil Procedure Law for Unification Korea." 국제법무 10, no. 1 (May 2018): 99–122. http://dx.doi.org/10.36727/jjilr.10.1.201805.005.

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NEKROŠIUS, V. "IN NOVUM RESTRICTION IN LITHUANIAN CIVIL PROCEDURE LAW." Herald of Civil Procedure 11, no. 5 (December 30, 2021): 260–75. http://dx.doi.org/10.24031/2226-0781-2021-11-5-260-275.

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This article examines a relatively new institute of Lithuanian civil proceedings – legal restrictions on the late submission of evidence in both first instance and appellate courts. These restrictions were first established in the new Civil Procedure Code (CPC) which was adopted by Seimas of the Republic of Lithuania on 28 February 2002 (entered into force on 1 January 2003). Until then such restrictions in Lithuanian civil procedure law were not known from the time of famous Statutes of the Grand Duchy of Lithuania. Therefore, it seems natural that this innovation has paved the way for its real application in the courts for more than a decade. This article provides a consistent analysis of the case law (starting with the rulings of the Supreme Court of Lithuania in which the restrictions established in the law were practically denied, and up to the rulings of the last year, which already recognized the right of the courts in certain cases to refuse to accept evidence which was submitted too late). This article also reveals the aims of the CPC authors which were aimed at establishing the first instance court’s right to refuse to accept evidence which was submitted too late and system of limited appeal which establishes a general prohibition (with certain exceptions) to present evidence that was not examined in the court of first instance. One of the most important aims is the concentration of the proceedings, the prevention of abuse of procedural rights and the establishment of the first instance as the main judicial instance. The appeal procedure in the new CPC is already regarded not as a repetition or continuation of the proceedings at first instance, but as a review of the legality and validity of an existing, albeit unenforced, decision of the court of first instance. The author acknowledges that although it took a long time for the relevant provisions of the law to be actually applied in the case law, today their application is already noticeable in the daily work of courts. This leads to the conclusion that Lithuanian courts have adapted to the new CPC system and its philosophy.

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FOKINA, M. A. "LAW OF EVIDENCE IN CIVIL PROCEDURE: UNREALIZED OPPORTUNITIES." Herald of Civil Procedure 9, no. 1 (March 18, 2019): 29–46. http://dx.doi.org/10.24031/2226-0781-2019-9-1-29-46.

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Ignjatovic, Marija. "Evolutive development of civil procedure in Roman law." Zbornik radova Pravnog fakulteta, Nis, no. 66 (2014): 241–56. http://dx.doi.org/10.5937/zrpfni1466241i.

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Han, Choong-soo. "Korean Law School and Civil Procedure in 2019." CIVIL PROCEDURE 23, no. 1 (February 28, 2019): 1–33. http://dx.doi.org/10.30639/cp.2019.02.23.1.1.

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Prokhorenko, V. V. "Some Aspects of Unification of Civil Procedure Law." Uniform Law Review - Revue de droit uniforme 8, no. 1-2 (January 1, 2003): 493–98. http://dx.doi.org/10.1093/ulr/8.1-2.493.

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Jolowicz, J. A. "Comparative law and the reform of civil procedure." Legal Studies 8, no. 1 (March 1988): 1–13. http://dx.doi.org/10.1111/j.1748-121x.1988.tb00373.x.

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I keep six honest serving men(They taught me all I knew);Their names are What and Why and WhenAnd How and Where and Who.I send them over land and sea,I send them East and West;But after they have worked for meI give them all a rest.I let them rest from nine till five,For I am busy then,As well as breakfast, lunch and tea,For they are hungry men;But different folk have different views;I know a person small -She keeps ten million serving men,Who get no rest at all!She sends ’em abroad on her own affairs,From the second she opens her eyes -One million HOWSt,w o million Wheres,And seven million Whys!

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Wallerman, A. "The Impact of EU Law on Civil Procedure." Tijdschrift Civiele Rechtspleging 21, no. 3 (August 2013): 91–95. http://dx.doi.org/10.5553/tcr/092986492013021003003.

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ZAGIDULLIN, M. R. "LEGAL RESPONSIBILITY IN CIVIL PROCEDURE." Herald of Civil Procedure 11, no. 1 (April 20, 2021): 119–34. http://dx.doi.org/10.24031/2226-0781-2021-11-1-119-134.

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The article presents the results of the author’s dissertation research on legal responsibility in the civil procedure. The author substantiates the conclusion of the broadest interpretation of the civil procedure, according to which it should include: 1) judicial civil procedure: civil procedure, arbitration procedure, administrative procedure (legal proceedings); 2) out-ofcourt civil procedure: notary, enforcement proceedings, mediation, pre-trial conflict resolution, arbitration. Legal liability in civil proceedings should be understood as a type of state coercion, which consists in the subject of civil proceedings undergoing the adverse consequences provided for by the rule of law for a procedural offense committed by them in civil proceedings. The author also distinguishes between the concepts of responsibility in civil proceedings and civil procedural responsibility. Civil procedural responsibility should be understood as a subspecies of procedural responsibility, which is the obligation of the subject of civil procedure to undergo adverse procedural consequences provided for by the norm of civil procedure law, affecting the course of the procedure, for the procedural offense committed by him. Accordingly, it is proposed that court fines, performance fees, and compensatory (legal) liability (payment of court expenses, compensation for actual loss of time) should be attributed not to procedural, but to material and legal liability implemented in civil (civil) proceedings. The general state of implementation of civil and procedural liability measures in various branches of the civil procedure is clearly demonstrated in the form of a comparative table.

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Gélinas, Fabien, Clément Camion, Karine Bates, and Emily Grant. "ARCHITECTURE, RITUALS, AND NORMS IN CIVIL PROCEDURE." Windsor Yearbook of Access to Justice 32, no. 2 (October 1, 2015): 213. http://dx.doi.org/10.22329/wyaj.v32i2.4711.

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In this article, the authors identify two important gaps in the literature on civil justice reform, both of which relate to the concept of stability in the law as an added value of public adjudication. The article aims to suggest avenues for future research on civil justice reform, especially in light of increasing recourse to private modes of dispute resolution. First, the article draws attention to the role played by judicial rituals and architecture in court-based, public adjudication, as a means of generating stability in the law and enhancing the legitimacy of dispute resolution. Second, from a more theoretical perspective, the article brings out the added value of formulating and formalizing legal norms through a public adjudicative process. Stability in the law encourages human agency and dignity by permitting individuals to form expectations and make decisions about their lives, acting in reliance on the law and the values that the law promotes. The value of stability must be taken into account in future research and policy work on civil justice reform, particularly as private justice, which lacks many of the characteristics that encourage stability in public adjudication, is increasingly explored as a potential solution to problems of access to justice. Dans cet article, les auteurs analysent deux lacunes importantes qu’ils ont relevées dans la littérature concernant la réforme de la justice civile et qui gravitent autour du concept de la stabilité du droit en tant qu’avantage découlant du processus public de règlement des différends. Les auteurs proposent des sujets à explorer lors de futures recherches sur la réforme de la justice civile, eu égard, notamment, au recours croissant aux modes privés de règlement des différends. Dans un premier temps, ils soulignent que les rituels et l’architecture du système judiciaire public favorisent la stabilité du droit et rehaussent la légitimité du règlement des différends. Examinant ensuite la question sous un angle plus théorique, ils s’attardent aux avantages découlant de la formulation et de l’officialisation des normes juridiques dans le cadre du processus public de règlement des différends. La stabilité du droit favorise l’intervention et la dignité humaines, car elle permet aux personnes d’avoir des attentes et de prendre des décisions au sujet de leurs vies en se fondant sur les règles de droit et sur les valeurs qui les sous-tendent. L’atout que représente la stabilité doit être pris en compte dans les futurs travaux de recherche et d’orientation sur la réforme de la justice civile, surtout à l’heure où la justice privée, qui est dépourvue de bon nombre des caractéristiques qui engendrent la stabilité dans le processus public de règlement des différends, est de plus en plus explorée comme solution possible aux problèmes d’accès à la justice.

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Serhij, Kravtsov, Vlasenko Serhii, Rozhnov Oleh, and Iryna Malinovska. "Legal procedure in roman law and its reflection in modern civil procedure." Cuestiones Políticas 39, no. 71 (December 25, 2021): 921–41. http://dx.doi.org/10.46398/cuestpol.3971.56.

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Tremendous efforts of legislators are directed towards the development of an ideal judicial system and procedure of administering justice. However, current trends of judiciary reformation are easier to comprehend and accept if we turn to the origins of legal protection of human rights which, undoubtedly, go back to the Roman law. Methodology: From this point we use comparing methods for analizing the legislative provisions; the structural method and historical method was used for the background of Legal procedure in roman law. Results and conclusions: In this article we will outline the main stages of formation of legal protection of human rights in Roman law and characterize types of these processes – namely legis actiones, formulary procedure and cognitio. By analyzing the original sources that have survived to our times, namely the Law of Twelve Tables, Gaius`s Institutions and Justinian`s Digestes, we will examine what peculiarities of consideration and resolution of cases each of these stages demonstrated; how the traditional views on the behavior of the parties and the court in the process were established; which main requirements were applied to justice in civil matters in Roman law. The course of the work the following methods were used: essential, comparative, general historical.

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Račić, Ranka. "Novelties in the Civil Procedure of the Brčko District of Bosnia and Herzegovina." Glasnik Advokatske komore Vojvodine 77, no. 10 (2005): 558–69. http://dx.doi.org/10.5937/gakv0511558r.

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Brčko District has its own, special courts, and its own laws, which differ from the laws of the entities. The Law on Civil Procedure of Brčko District of Bosnia and Herzegovina was drafted and influenced by the Law on Civil Procedure of the Republic of Srpska and Law on Civil Procedure of the Federation of Bosnia and Herzegovina. However, the Law on Civil Procedure of Brčko District of Bosnia and Herzegovina has introduced many novelties which arc listed in this paper, through the systematization of the law. Differences are remarkable and consist of different regulation of the procedural efficiency, introduction of the court of appeal, different regulation of principles of discussion and investigation, incorporation of the trial before one judge in the court of first instance, lack of the court's obligation to teach ignorant party. There are major discrepancies in the preparation of main hearings and main hearings, in the mediation procedure and structure and nature of the legal remedies.

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Plotnikov, Dmitriy A. "Modern Tendencies of the Development of Civil Procedure Law Principles in the Conditions of Digitization of Procedural Relationships." Arbitrazh-civil procedure 6 (June 10, 2021): 44–48. http://dx.doi.org/10.18572/1812-383x-2021-6-44-48.

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Digitalization as a phenomenon of our time affects the understanding of the essence of modern legal relations. This circumstance is a prerequisite for discussing the boundaries of the relationship between the legal and technical side in regulating certain aspects of the implementation of civil proceedings, the prospect of the introduction of the concept of digital procedural rights in scientific terms. At the same time, it is impossible to solve these issues in the conditions of digitalization without turning to the relationship of this concept with the principles of civil procedural law. In this regard, the author identifies modern trends in the understanding of principles in the doctrine of civil procedure law. Based on critical analysis, the author comes to conclusions about the main problematic issues that the modern science of civil procedure law faces when studying the interaction of digitalization and the principles of civil procedure law.

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Gavrilović, Biljana. "Legal and historical overview of the protection of possession in Serbian law." Glasnik Advokatske komore Vojvodine 92, no. 3 (2020): 430–57. http://dx.doi.org/10.5937/gakv92-27621.

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The subject of this analysis are the mechanisms of possession according to the Serbian Civil Code and the Code of Civil Procedure from 1929, during the period between 1844 and 1941. The development of the protection of possession during this period is mostly reflected in the fact that possession in the Principality of Serbia and the Kingdom of Serbia was protected, first of all, by means of criminal justice, while in the Kingdom of Yugoslavia, this role was played by civil law. Although possession and its protection in the Principality of Serbia and the Kingdom of Serbia were also regulated by civil-law norms, the people were still relying on the criminal justice system to get protection. Beside the many ambiguities in the Serbian Civil Code related to it, the protection of possession was not regulated separately from standard civil procedures in the Code of Civil Procedure from 1865. Thus, only when the Yugoslav Code of Civil Procedure went into effect did possession get proper, civil-law protection on the territory of Serbia.

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SAMSONOV, N. V. "TYPOLOGY OF ADMINISTRATIVE COURT PROCEDURE AND WAYS OF UNIFICATION OF CIVIL PROCEDURE." Herald of Civil Procedure 10, no. 5 (November 30, 2020): 118–33. http://dx.doi.org/10.24031/2226-0781-2020-10-5-118-133.

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Within a matter of a theoretical discussion about the legal nature of administrative court procedure, the article investigates the issue of issue of a type of this procedure. In order to reach the research goal the author solves the following problems: defines the essence of the protective legal relationship in the administrative court procedure; finds out whether it is typical for administrative court procedure to deal with dispute about personal right; makes a comparative analysis of the targets of administrative court procedure, its main principles with similar institutions in administrative and civil procedure. The methodological basis of the research is the dialectic approach. The author uses the methods of system analysis, formal logical analysis, formal legal and comparative legal methods. The following conclusions are made: as examining the cases in terms of administrative court procedure, the courts resolve the conflicts about personal right, that is typical for civil procedure; the main aim of administrative court procedure, civil and arbitration process is defense of violated or contested personal rights, freedoms and legal interests, that is not similar to the goal of administrative law and process; administrative court procedure and civil and arbitration process have common principles that differ essentially from the principles of administration law and process. The empirical data that confirm these conclusions are analyzed. The author concludes that administrative court procedure can be estimated as a new protsessual form of civil procedure. The unification of the general provisions of civil law procedural legislation is proposed.

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Valeev, D., and N. Makolkin. "Procedure: History, Current State and Perspectives." BRICS Law Journal 7, no. 3 (October 10, 2020): 166–68. http://dx.doi.org/10.21684/2412-2343-2020-7-3-166-168.

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This article is devoted to the results of the VI annual Symposium of the journal “Herald of Civil Procedure” held on 27 and 28 September 2019 on the premises of the Faculty of Law of the Kazan (Volga Region) Federal University (KFU). The Symposium took place with the participation of the editorial board of the journal “Civil Law Review” and was titled “2019 – Civil Law and Procedure: History, Current State and Perspectives (Coinciding with the Bicentennial of D.I. Meyer).” The editorial board of the journal “Herald of Civil Procedure” annually invites outstanding legal scholars and practitioners in the field of civil procedure to Kazan to attend the Symposium of the journal “Herald of Civil Procedure”. In only six years, the Symposium has become not only an annual tradition, but also a brand name. The Symposium is an anchor event not only of the Law Faculty of the KFU, but also of the entire Kazan Federal University, which each year cordially welcomes leading civil procedure scholars. In addition, the Symposium hosts participants, friends and interested listeners, and has created a platform for large-scale discussions at the highest level The first and each subsequent Symposium are consistent in scope and organization. Yet, each year something new appears, some highlight that gives the event a unique character and momentum for moving forward, developing, improving and raising the level of engagement.

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Maxeiner, James. "Cost and Fee Allocation in Civil Procedure." American Journal of Comparative Law 58, no. 1 (January 1, 2010): 195–221. http://dx.doi.org/10.5131/ajcl.2009.0027.

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Orton, Frank. "Some special features of Swedish Civil Procedure." Acta Juridica Hungarica 49, no. 3 (September 2008): 311–17. http://dx.doi.org/10.1556/ajur.49.2008.3.6.

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von Mehren, Robert B. "International Control of Civil Procedure: Who Benefits?" Law and Contemporary Problems 57, no. 3 (1994): 13. http://dx.doi.org/10.2307/1191963.

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Beardsley, James. "Proof of Fact in French Civil Procedure." American Journal of Comparative Law 34, no. 3 (1986): 459. http://dx.doi.org/10.2307/840358.

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Cohen, Jerome A. "Reforming China's Civil Procedure: Judging the Courts." American Journal of Comparative Law 45, no. 4 (1997): 793. http://dx.doi.org/10.2307/841018.

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Beier, Jürgen. "The Woolf report and German civil procedure." Liverpool Law Review 19, no. 1 (March 1997): 67–88. http://dx.doi.org/10.1007/bf02810633.

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Moiseyenko, D. "Civil justice: access under martial law." Uzhhorod National University Herald. Series: Law, no. 71 (August 25, 2022): 366–69. http://dx.doi.org/10.24144/2307-3322.2022.71.62.

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The article examines the obstacles in access to justice in civil cases arising in Ukraine due to the armed aggression of the Russian Federation. In particular, the article points out the following problematic issues. A large percentage of national courts during the military aggression were deprived of the opportunity to administer justice; justice is not carried out in the occupied territories even at the current moment. At the same time, the procedure for changing the territorial jurisdiction, provided for by law, has not been finally settled. Attention is also drawn to the problems with the introduction of e-justice in Ukraine, adjournment of the case, remote participation of persons in the trial, notification of participants about the time and place of the case, restoration/extension of terms, loss and resumption of court proceedings. It is concluded that there is insufficient normative regulation of the procedure for considering civil cases in a state of war or a state of emergency. It is proposed to supplement the procedural codes with a separate section regulating the procedure for the administration of justice in a state of war or a state of emergency. Proposals have been made to improve the procedural legislation. In particular, it is proposed to provide for the possibility of restricting the principle of openness of civil proceedings, additional mechanisms for notifying participants in a case, a procedure for obtaining copies of court decisions issued by courts that subsequently ended up in the occupied territory, additional mechanisms for resuming lost proceedings, etc.

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Journal articles on the topic 'Civil Law and Procedure'

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