Academic literature on the topic 'Online Civil Money Claim'
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Journal articles on the topic "Online Civil Money Claim"
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Abbasy, Md Mahar. "The Online Civil Money Claim." International Journal of Online Dispute Resolution 6, no. 1 (August 2020): 4–16. http://dx.doi.org/10.5553/ijodr/235250022020006001002.
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Panova, Liudmyla, and Vitalii Makhinchuk. "THE CIVIL LAW NATURE OF ELECTRONIC MONEY." Baltic Journal of Economic Studies 6, no. 1 (March 16, 2020): 100. http://dx.doi.org/10.30525/2256-0742/2020-6-1-100-104.
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The purpose of the article is to examine the civil law nature of electronic money. The subject of the research is the features of the civil law nature of electronic money. Methodology. Research methods are chosen based on the object, subject and purpose of the study. The study used general scientific and special methods of legal science. Thus, the analysis and synthesis method as well as the logical method were used to formulate a holistic view on electronic money, their features and legal nature. The logical-semantic method was used to establish the meaning of the concepts “electronic money”, “non-cash money”, “payment instrument”, “electronic payment instrument”. The comparative method was used when analyzing scientific categories, definitions and approaches. The legal modeling method was applied to formulate the author’s definition of the term “electronic money”. Results. The article generalizes scientific views on the civil law nature of electronic money. A distinction has been made between electronic money and currency unit, non-cash money and the right to claim. As the result it has been established that electronic money is the monetary obligation. Practical implication. The study should assist in developing the unified approach to the issue of the civil law nature of electronic money. Value/originality. As the result of the study the author’s definition of the concept “electronic money” with regard to its civil law nature has been proposed.
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Radolović, Aldo, and Oliver Radolović. "Neke nove refleksije o građansko-trgovačkim specifičnostima novčanih obveza." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 39, no. 1 (2018): 335–50. http://dx.doi.org/10.30925/zpfsr.39.1.11.
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Money obligations are a very attractive legal category in civil and commercial law. In credit agreements, especially in consumer credits, it is extremely important. The sole function of money is to represent value, and therefore it is irrelevant which currency is used by the contracting parties. A fall in the value of money claims an adeguate “matching”, which can be performed in more different ways. A creditor is not entitled to get back a higher total amount of loan compared to the initial value, but anyway he may claim its real value, and, consequently, the same standard is applicable to the debtor when money value experiences appreciation.
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Yun, Sohyun, and Changwon Lee. "The Criminal Liability in the Case where the Transferor of the Nominated Claim has Received and Consumed Reimbursement before the Notice of Transfer." Institute for Legal Studies Chonnam National University 42, no. 3 (August 30, 2022): 371–95. http://dx.doi.org/10.38133/cnulawreview.2022.42.3.371.
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The court have acknowledged that if the transferor of bond received and consumed money, which is a reimbursement, from the debtor before the notification of transfer, the transferee has the ownership of the money and the transferor in the custody of the money and the transferor is guilty of the embezzlement, but lately denied all of it in this case.
The majority opinion discussed whether to apply the ownership of money under criminal law, which is different from that under civil law. But, in this case, even if the reimbursement is not money, ownership belongs to the transferor, so it is reasonable to assume that ownership belongs to the transferor without discussing the concept of ownership of money under civil law.
Recently, the court, distinguishing between the main benefit obligations and incidental obligations in the contract, recognized the breach of trust only in the case of non-fufillment of the main obligations. The majority in the case denied the breach of trust, adopting that theory. However, the court recognizes the storage duty under the principle of good faith in the case of embezzlement, and admitted that duty even in the case of a mistaken remittance, which is the case of no duty under the principle of good faith in the civil law because there is no transaction relationship at all. However, even in the civil law, in the case of subsidiary obligations recognized under the principle of good faith, they are not recognized as storage obligations under the Criminal Act. All of this goes against the unity of the legal system and the trust of the parties.
In the case of additional obligations under the principle of good faith, which is recognized under civil law, it is considerable to recognize the obligation in the case of embezzlement or breach of trust in light of legal relations and the will of the parties of the case. That theory should be adopted in this case. However, since the ownership of the reimbursement product of the bond transferee is not recognized, it is quite considered as a breach of trust.
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Vavilova, Ekaterina. "Electronic Money: the Problem of Determining the Place in the System of Objects of Civil Rights." Legal Concept, no. 2 (July 2020): 110–15. http://dx.doi.org/10.15688/lc.jvolsu.2020.2.16.
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Introduction: with the development of the digital economy, the sphere of non-cash payments reaches its peak value. This legal institution is particularly important in connection with the goal set in Russia’s strategic documents to improve the quality of non-cash payments and bring them to a new, technologically advanced level. The good legal regulation of certain legal issues in this regard is one of the most urgent tasks of the modern state. In this regard, the author aims to study an important element of the system of non-cash payments –electronic money – and determine its place in the civil rights system. Methods: the methodological framework for this research is a set of methods of scientific knowledge, among which the main ones are the comparative legal method, as well as the methods of systematicity and analysis. Results: the author’s well-founded position is based on the analysis of the legislation and opinions of the scientists expressed in the competent scientific community on the issue of recognizing electronic money as an object of civil rights and, accordingly, assigning it to a certain category of objects named in Article 128 of the Civil Code of the Russian Federation. Conclusions: the study proved that the lack of full understanding of the legal nature of electronic money was connected with the unresolved issue of its belonging to the objects of civil rights, in whose connection it substantiated the belonging of electronic money to the rights of obligation to claim to be included in Article 128 of the Civil Code of the Russian Federation as an object of civil rights.
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Hai, Dinh Tuan. "Assessment of Contractors’ Claims on Construction Projects in Vietnam." Open Civil Engineering Journal 13, no. 1 (December 31, 2019): 218–28. http://dx.doi.org/10.2174/1874149501913010218.
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Background: Claims have increasingly become inevitable in construction projects. A great amount of money, time, and merit of claims are the most critical factors that prudent companies should not overlook. Objective: The objective of the study is to survey claim practices in the Vietnamese construction industry by collecting data from both contractors and consultants. Material and Methods: This paper presents findings that the lack of awareness of the on-site people is the major problem of claims management. Moreover, the inadequacy of supporting evidence, originating from the unawareness of personnel as well as improper documentation system, is also a serious problem causing the loss of chances to recover incurred damages. Conclusion: To overcome these problems, it is recommended that the management should pay more attention to these aspects in order to have effective claim management, by which unnecessary losses could substantially be reduced and deserving compensation would be recovered.
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Neimane, Liene. "Money Laundering Issues and Recent Trends." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 2, no. 23 (2022): 96–110. http://dx.doi.org/10.25143/socr.23.2022.2.096-110.
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The legitimate aim of confiscation of property obtained by crime can be defined as the removal of property obtained by crime from the lawful civil circulation to prevent its further circulation and the commission of further criminal offences and to reduce the financial incentive to commit criminal offences. The author’s research into the case law and new trends has led to the conclusion that the qualification of property as criminally acquired requires time and understanding of the application of the relevant rules in practice. The study examines current issues in money laundering cases and recent trends. In many cases, the evidence presented to prove the legal origin of assets is often considered insufficient by the prosecution. In order to develop an understanding of what the proceeds of crime really are, an appropriate institution should be established with relevant economic expertise and understanding of business structure, to name the few. It has been often found that property or other assets are confiscated simply due to the lack of understanding or lacking education, knowledge and practical experience, which leads to unjustified decisions. Thus, assets are considered to be criminally acquired and confiscated for the benefit of the State. In this way, the State itself is put at risk, because sooner or later, a claim for compensation will be brought, as human rights violations are also detected. Keywords: anti-money laundering, money laundering
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Akbar, Muh. "JUAL BELI DROPSHIPPING DALAM TINJAUAN HUKUM ISLAM." Al-Amwal : Journal of Islamic Economic Law 5, no. 2 (September 17, 2020): 11–30. http://dx.doi.org/10.24256/alw.v5i2.1936.
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The research seeks to obtain and describe data regarding the sale and purchase of dropshipping in Islamic law. Research Results: 1) In practice, the buyer transfers a certain amount of money in cash then from the money the dropshipper buys the goods to the agent, then the agent will send the goods but the delivery not on behalf of the agent but on behalf of the dropshipper because the product actually owned by the dropshipper. 2) Online dropshipping trading transactions according to Islamic law are permitted as long as they meet the principles and requirements of the sale and purchase, until there was a special argument that prohibits the transaction in Islam. The rule of law of muamalah in Islam was permissible as long as there was an argument or nash of shari that prohibits the muamalah, dropshipping trading does not violate sharia provisions. 3) Advantages of buying and selling through online dropshipping transactions. Buying and selling dropshipping online can boost sales of more products to buyers through existing marketers. There are several disadvantages or drawbacks to the dropshipping business owner, namely: The risk for a dropshipping owner was a bet because marketers can over-claim their products. Research implications that the author can convey in this study are several ways of online business that can be compared with dropshipping: Providing procurement services. So the seller can offer services to others for the procurement of the goods they need. Become an authorized agent and distributor.
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Rogers, Alison. "How the E-Government Can Save Money by Building Bridges Across the Digital Divide." Michigan Journal of Race & Law, no. 22.1 (2016): 163. http://dx.doi.org/10.36643/mjrl.22.1.how.
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As government agencies and federal aid recipients begin to build a presence online, they must recognize that language accessibility is morally required, fiscally responsible, and compulsory under federal civil rights law. This Note explores statutes, federal policies, and case law that purport to protect the rights of limited English proficient (“LEP”) individuals in cyberspace. The Note suggests reforms, policies, and programs that should be adopted by federal aid recipients to ensure that LEP individuals have meaningful access to online services.
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Vasilevskaya, Liudmila Yu, and Marina A. Rozhkova. "Provision of Escrow Services at the Absence of an Agreement: The Assessment for Compliance with the Russian Law." Cuestiones Políticas 37, no. 64 (May 14, 2020): 111–23. http://dx.doi.org/10.46398/cuestpol.3764.09.
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Based on an analysis of the norms of the Civil Code of the Russian Federation, the authors studied the legal basis for the provision of a range of services by the online classified in the digital environment. Additionally, the authors studied the structure of relations arising between the buyer, seller, online classified, delivery service, and the bank. The article substantiates that there is a conditional escrow of property in the framework of the considered relations, but the fact of concluding an agreement creating an appropriate legal basis for such an escrow is not observed. The study results identify several civil law agreements, needed for the goods delivery services offered by online classifieds. The authors concluded that the relationship system built by the online classified with sellers, buyers, a delivery service, and a bank and providing for the reservation of the buyer’s money excludes the conclusion of an escrow agreement.
Books on the topic "Online Civil Money Claim"
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Hill, Jonathan. 2. Civil jurisdiction. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198732297.003.0002.
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This chapter addresses the English court's jurisdiction other than in family law matters and excluding a few other kinds of proceedings. There are two types of claim which may be commenced in England: claims in personam and admiralty claims in rem. A claim inpersonam is one in which the claimant seeks a judgment requiring the defendant to pay money, deliver property or do, or refrain from doing, some other act. A claimant who wishes to commence proceedings in personam must be able to serve a claim form on the defendant — either in England or abroad. Admiralty proceedings in rem are directed against property, usually a ship. A typical case is where the claimant has a claim against a ship-owner in respect of his ship — for example, where the claimant's cargo has been damaged as a result of the negligent navigation of the vessel. The remainder of the chapter discusses the bases of jurisdiction in personam; declining jurisdiction and staying proceedings; provisional measure designed to maintain the status quo pending the outcome of the dispute between the parties; and restraining foreign proceedings.
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Macgregor, Lucilla, Charlotte Peacey, and Georgina Ridsdale. Civil Litigation. 14th ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780192844293.001.0001.
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Civil Litigation introduces the processes and procedures involved in making and defending civil litigation claims. Following the chronological progression of a civil litigation claim, the volume offers practical guidance on advising clients whilst ensuring that the principles of the Solicitors’ Regulation Authority Handbook, which includes the Codes of Conduct for firms and for solicitors, are followed. This edition includes commentary and detail of the new rules of conduct that were approved by the Legal Services Board in November 2018. A part of the new Handbook (the Handbook) came into force in December 2018—the SRA Transparency Rules—and the remaining sections came into force in April 2019. Diagrams at the beginning of chapters make clear the way in which the litigation procedure works and help with the understanding of the nature of the process as a whole. Examples provide a realistic context for learning, while issues of cost, best practice, and professional conduct are clearly highlighted. Alternative dispute resolution is given appropriate practical emphasis, and references to the Civil Procedure Rules throughout make sure that students are ready for life in practice. This edition has been revised to reflect the most up-to-date law and practice in all aspects of litigation practice. In addition to the chapters highlighted below, there are additional chapters online on injunctions and other equit-able remedies, a practical guide to court hearings, instructing counsel, and enforcement of judgments.
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Cunningham-Hill, Susan, and Karen Elder. Civil Litigation 2018-2019. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198823193.001.0001.
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Civil Litigation introduces the processes and procedures involved in making and defending civil litigation claims. Following the chronological progression of a civil litigation claim, the volume offers practical guidance on advising clients whilst ensuring that the principles of the Solicitors’ Regulation Authority Handbook and Code of Conduct 2011 are maintained. Diagrams at the beginning of chapters make clear the way in which the litigation procedure works and help with the understanding of the nature of the process as a whole. Examples provide a realistic context for learning, while issues of cost, best practice, and professional conduct are clearly highlighted. Alternative dispute resolution is given appropriate practical emphasis, and references to the Civil Procedure Rules throughout make sure that students are ready for life in practice. This edition has been revised to reflect the most up-to-date law and practice in all aspects of litigation practice. In addition to the chapters highlighted below, there are additional chapters online on injunctions and other equitable remedies, a practical guide to court hearings, instructing counsel, and enforcement of judgments.
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Cunningham-Hill, Susan, and Karen Elder. Civil Litigation 2017-2018. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198787655.001.0001.
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Civil Litigation introduces the processes and procedures involved in making and defending civil litigation claims. Following the chronological progression of a civil litigation claim, the volume offers practical guidance on advising clients whilst ensuring that the principles of the SRA Handbook and Code of Conduct 2011 are maintained. Diagrams at the beginning of chapters make clear the way in which the litigation procedure works and help with the understanding of the nature of the process as a whole. Examples provide a realistic context for learning, while issues of cost, best practice, and professional conduct are clearly highlighted. Alternative dispute resolution is given appropriate practical emphasis, and references to the Civil Procedure Rules throughout make sure that students are ready for life in practice. This edition has been revised to reflect the most up to date law and practice in all aspects of litigation practice. It also contains a new chapter on assessment of cost proceedings. An additional chapter on the Online Resource Centre provides a practical guide to court hearings.
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Sime, Stuart. A Practical Approach to Civil Procedure. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198823100.001.0001.
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A Practical Approach to Civil Procedure guides the reader through the procedural requirements employed in the civil courts. The volume provides an overview of the key statutory provisions, rules, practice directions, and case law which govern the various stages of a civil litigation claim. Providing practical guidance, the text charts the progress of a typical civil litigation claim, from funding litigation and issuing and serving proceedings, through to trial, enforcement, and appeal. Full coverage of alternative dispute resolution is also included. Relevant sample documentation is featured throughout and introduces the forms and documents which will be encountered in practice, while key points summaries featured at the end of chapters highlight the essential points covered. This edition has been revised to incorporate rule changes up to the Civil Procedure (Amendment) Rules 2018 and the 95th Update. Changes incorporated into the new edition include the introduction of the Business and Property Courts and the Online Court, together with the replacement of the Mercantile Court with the Circuit Commercial Court. Among the many recent cases incorporated into the text are the important Supreme Court cases of Barton v Wright Hassall LLP on alternative service and on how the CPR apply to litigants in person, and Goldtrail Travel Ltd v Onur Air Tasimacilik SA on companies seeking to establish an inability to meet a financial condition, which is relevant in a number of areas, including security for costs and appeals.
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Cunningham-Hill, Susan, and Karen Elder. Civil Litigation 2019-2020. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198838555.001.0001.
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Civil Litigation introduces the processes and procedures involved in making and defending civil litigation claims. Following the chronological progression of a civil litigation claim, the volume offers practical guidance on advising clients whilst ensuring that the principles of the Solicitors’ Regulation Authority Handbook which includes the Codes of Conduct for firms and for solicitors. This edition includes commentary and detail of the new rules of conduct that were approved by the Legal Services Board in November 2018. A part of the new Handbook (the Handbook) came into force in December 2018—the SRA Transparency Rules—and the remaining sections are expected to be fully in force in April 2019. Diagrams at the beginning of chapters make clear the way in which the litigation procedure works and help with the understanding of the nature of the process as a whole. Examples provide a realistic context for learning, while issues of cost, best practice, and professional conduct are clearly highlighted. Alternative dispute resolution is given appropriate practical emphasis, and references to the Civil Procedure Rules throughout make sure that students are ready for life in practice. This edition has been revised to reflect the most up-to-date law and practice in all aspects of litigation practice. In addition to the chapters highlighted below, there are additional chapters online on injunctions and other equitable remedies, a practical guide to court hearings, instructing counsel, and enforcement of judgments.
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Macgregor, Lucilla, Charlotte Peacey, and Georgina Ridsdale. Civil Litigation 2020-2021. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198858447.001.0001.
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Civil Litigation introduces the processes and procedures involved in making and defending civil litigation claims. Following the chronological progression of a civil litigation claim, the volume offers practical guidance on advising clients whilst ensuring that the principles of the Solicitors’ Regulation Authority Handbook which includes the Codes of Conduct for firms and for solicitors. This edition includes commentary and detail of the new rules of conduct that were approved by the Legal Services Board in November 2018. A part of the new Handbook (the Handbook) came into force in December 2018—the SRA Transparency Rules—and the remaining sections are expected to be fully in force in April 2019. Diagrams at the beginning of chapters make clear the way in which the litigation procedure works and help with the understanding of the nature of the process as a whole. Examples provide a realistic context for learning, while issues of cost, best practice, and professional conduct are clearly highlighted. Alternative dispute resolution is given appropriate practical emphasis, and references to the Civil Procedure Rules throughout make sure that students are ready for life in practice. This edition has been revised to reflect the most up-to-date law and practice in all aspects of litigation practice. In addition to the chapters highlighted below, there are additional chapters online on injunctions and other equitable remedies, a practical guide to court hearings, instructing counsel, and enforcement of judgments.
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Agrawal, Khushbu, Yukihiko Hamada, and Alberto Fernández Gibaja. Regulating Online Campaign Finance: Chasing the Gost. International Institute for Democracy and Electoral Assistance, 2021. http://dx.doi.org/10.31752/idea.2021.6.
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As the number of Internet and social media users increases, political parties and candidates are spending significant amounts of money on online campaigning. It not only helps them to reach out to more voters with comparatively lower costs, but also allows them to communicate more targeted messages to voters when compared with other traditional campaign tools. Despite the growing use of online campaigns, appropriate regulation of online expenditures is almost non-existent around the world. In fact, online expenditure is one of the key weaknesses of political finance systems and regulatory frameworks. Appropriate regulation of online expenditures will not only protect the integrity of the political process, but also thwart negative effects, such as disinformation and polarization and, more generally, prevent inauthentic activities that usually characterize online campaigns. As online expenditure is a relatively new phenomenon, its regulation is not straightforward and there is no conclusive evidence on what works. This report outlines some of the challenges that policymakers, legislators and oversight agencies face when drafting and implementing laws to include online expenditure within the scope of regulated political finance. It also provides recommendations for policymakers, social media platforms, political parties, candidates and campaigners, as well as civil society actors, on the steps that they can take towards closing the regulatory gap.
Book chapters on the topic "Online Civil Money Claim"
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Lupo, Giampiero. "Law, Technology and System Architectures: Critical Design Factors for Money Claim and Possession Claim Online in England and Wales." In The Circulation of Agency in E-Justice, 83–107. Dordrecht: Springer Netherlands, 2013. http://dx.doi.org/10.1007/978-94-007-7525-1_4.
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Kallinikos, Jannis. "Institutional complexity and functional simplification: the case of money claim online service in England and Wales." In ICT and Innovation in the Public Sector, 174–210. London: Palgrave Macmillan UK, 2009. http://dx.doi.org/10.1057/9780230227293_8.
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Johansson, Håkan, and Gabriella Scaramuzzino. "Resources Shifting Values: Online and Offline Resources in Swedish Civil Society." In Palgrave Studies in Third Sector Research, 295–317. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-99007-7_12.
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AbstractResources have always been at the heart of civil society theorizing. While many earlier theories have focused on resources in the forms of money, people, ideas, or personnel, recent debates highlight the Internet and social media as new environments for resource mobilization. This chapter contributes to current research by comparing the human, economic, and political resources accumulated both offline and online by several social mobilization campaigns active on Swedish Facebook and Twitter; it also discusses the value of different resources and considers whether the use of social media has contributed to a devaluation of the traditional resource base of civil society in Sweden.
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Goodman, Richard. "Reform of Civil Justice." In The Civil Procedure Rules at 20, 281–90. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198863182.003.0019.
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This chapter sets out the HMCTS approach to its reform programme that first originated in September 2016, when the then Lord Chief Justice and Lord Chancellor, together with the Senior President of Tribunals, set out their joint vision for a reformed, modernised justice system, one that would combine its ‘respected traditions with the enabling power of technology’. The aim of programme is to develop a digital system of civil justice which is increasingly open to all and progressively easier, and more efficient, to run. The need for reform is beyond doubt. Countless reviews and studies have highlighted significant weaknesses of a system that has long been beset by complex, paper-based processes and crippling costs. Our approach to reform deliberately eschews the risky ‘big bangs’ familiar to many reforms, instead favouring incremental change. It involves testing again and again new digital ways of working with real members of the public to establish what works best. In practice, the reforms mean building new, intuitive ways for the public—and their representatives—to structure, submit, and manage claims online. Early feedback, including from the new Online Civil Money Claims Service, suggests higher levels of engagement with the process and high levels of user satisfaction.
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Etherton, Terence. "Rule-Making for a Digital Court Process." In The Civil Procedure Rules at 20, 57–64. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198863182.003.0003.
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This chapter sets out the challenges of developing procedural rules for digital court processes, which will become a significant feature of the civil justice landscape in the coming years. The present HMCTS Reform Programme is to deliver a more efficient, effective and high performing courts system through the use of new technology. Experience to date in developing digital dispute resolution initiatives in each of the individual existing jurisdictions—Civil, Family and Tribunal—has made clear the need for a different way of approaching rule making. On the one hand, there must be proper judicial oversight of, and input into, the technical design work of the programmers designing the new digital processes. On the other hand, these processes are constantly being refined in light of testing and user feedback and it would be unworkable if every change required a new rule. There are also considerable technical challenges in developing digital processes. We must be careful not to be overly ambitious in developing such processes, or forget the needs of those who struggle to use them. However, early experience in this jurisdiction, particularly with the Online Civil Money Claims project, and other jurisdictions around the world, suggests that this initiative will provide a great improvement to access to justice for the many tens of thousands of people with small or modest claims and for those with limited resources.
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"Defendant pays whole of specified money claim." In Civil Procedure, 168–69. Routledge-Cavendish, 2001. http://dx.doi.org/10.4324/9781843142133-41.
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"ADMISSION OF PART OF CLAIM FOR A SPECIFIED AMOUNT OF MONEY." In Civil Procedure, 170–77. Routledge-Cavendish, 2001. http://dx.doi.org/10.4324/9781843142133-42.
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Xu, Xiaoqun. "“Look toward Money”." In Heaven Has Eyes, 285–302. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190060046.003.0012.
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Chapter 11 shifts to an exploration of post-Mao civil justice. Enormous changes have taken place due to economic reforms, and reestablishing the sanctity of private property has led to a dramatic increase in civil disputes. The chapter also examines new versions of the Marriage Law (1980 and 2001) and samples civil disputes that reflect both positive and negative changes in social-economic landscapes and in social norms and moral values resulting from the reform and opening policies since the late 1970s. Since a civil code is still in the making as of this writing, civil adjudications have been guided by a number of civil statutes issued in the recent decades. The civil lawsuits sampled here include those regarding divorce and property division, family support, torts, online defamation, and housing demolishing disputes. Last but not the least, the problem of civil enforcement is addressed.
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Sime, Stuart. "49. Judicial Review." In A Practical Approach to Civil Procedure, 548–58. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198838593.003.0049.
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This chapter discusses the rules for judicial review. Judicial review lies against public bodies and must be brought by a person with a sufficient interest. There are six remedies available on applications for judicial review (quashing order, mandatory orders, prohibitory order, declaration, injunction, and money awards). Before commencing judicial review proceedings, a claimant should comply with the judicial review pre-action protocol. Permission must be sought to proceed with a claim for judicial review. Defendants must be served with the judicial review claim form, and unless they acknowledge service they cannot appear at the permission hearing unless the court allows them to attend.
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Sime, Stuart. "49. Judicial Review." In A Practical Approach to Civil Procedure, 548–58. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198858386.003.0049.
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This chapter discusses the rules for judicial review. Judicial review lies against public bodies and must be brought by a person with a sufficient interest. There are six remedies available on applications for judicial review (quashing order, mandatory orders, prohibitory order, declaration, injunction, and money awards). Before commencing judicial review proceedings, a claimant should comply with the judicial review pre-action protocol. Permission must be sought to proceed with a claim for judicial review. Defendants must be served with the judicial review claim form, and unless they acknowledge service they cannot appear at the permission hearing unless the court allows them to attend.
Conference papers on the topic "Online Civil Money Claim"
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Milojević, Marija. "USLUGA NAMIRENJA IMOVINSKOPRAVNOG ZAHTEVA." In XVII majsko savetovanje. Pravni fakultet Univerziteta u Kragujevcu, 2021. http://dx.doi.org/10.46793/uvp21.1005m.
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The paper presents a continuation of the research on the problem of realization of compensation for damage caused by the commission of criminal offense. In the first paper created within the same project, the author laid the foundations of the problem, dealing with the theoretical notion of damage caused by a criminal offense, the notion of civil torts and tortious liability, and the distinction between the notion of damage and the consequence of a criminal offence. This time, the author will concentrate on settling the receivables for damages by presenting the entire path that one claim for damages should take. Namely, obtaining a property claim should occur primarily in criminal proceedings, but it is most often adjudicated in litigation because in most cases the subject entitled to it is referred to litigation in order to exercise his right to compensation. After the judgement in the civil procedure is rendered, which orders the defendant-convict in the criminal procedure to compensate the caused damage either by compensating the damage in money or by returning the thing, or by annulling a certain legal deal, the concrete execution of the verdict in the executive procedure begins. While studying the manner of collecting the claims of the entitled subject through all three different procedures for the damage caused by the commission of criminal offense, the author also deals with controversial issues that may arise (the issue of statute of limitations for property claim, the issue of subjects who may be holders of property claims, the adequacy of the procedure in which the property claim is exercised, the means of execution of a monetary claim for damages caused by the commission of criminal offense, etc.).