scholarly journals Model zażalenia w świetle nowelizacji Kodeksu postępowania cywilnego z 4 lipca 2019 r.

2020 ◽  
Vol 29 ◽  
pp. 136-149
Author(s):  
Anna Kościółek ◽  
Keyword(s):  
Legal Status ◽  
Civil Procedure ◽  
The Other ◽  
Similar Solution ◽  
Court Decisions ◽  
Other Hand ◽  
Civil Proceedings ◽  
Legislative Changes

The following paper includes an analysis of the model of a complaint in the polish civil proceedings. This issue is discussed especially in the light of essential legislative changes introduced by the Act of 4 July 2019 amending the Act – the Code of Civil Procedure and some other acts. These changes fundamentally altered the model for reviewing court decisions in incidental matters, which are not conclusive for the entire proceedings. The Act, in particular, significantly limited the catalogue of decisions of courts of first instance which can be appealed againts to the court of second instance, reshaping this particular model of control into an exception to the simultaneously introduced principle of examining a complaint by different judges of the same court. On the other hand, the act expanded the scope of decisions of courts of second instance which are examined by different judges of the same court. A similar solution was introduced also in in the enforcement proceedings. Therefore, in the current legal status, majority of incidental decisions in civil proceedings has been covered by the so called horizontal complaint. In consequence, a complaint lost its devolutive nature and thus ceased to be an appelate messure.

scholarly journals On the issue of violation of the uniformity of judicial practice

2021 ◽  
Vol 39 (3) ◽  
pp. 113-117
Author(s):  
N. Sh. Gadzhialieva ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Legal Status ◽  
Civil Procedure ◽  
Court Decisions ◽  
Judicial Practice ◽  
Procedure Code ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Legislative Changes

The article is devoted to such grounds for the cancellation or amendment of court decisions in the supervisory procedure, as a violation of the uniformity of judicial practice. The author analyzes the provisions of the current civil procedure legislation, the explanations of the Plenum and the Presidium of the Supreme Court of the Russian Federation on the application of paragraph 3 of Article 391.9 of the Civil Procedure Code of the Russian Federation. The article identifies such problems as the lack of normative consolidation of the terms "judicial practice" "unity of judicial practice", the uncertainty of the legal status of acts of the highest judicial instance, the possibility of bringing judges to disciplinary responsibility for violating the unity of judicial practice. Based on the results of the study, the author comes to the conclusion that comprehensive legislative changes are necessary to achieve the unity of judicial practice

scholarly journals Zastosowanie doktryny „owoców drzewa zatrutego” na gruncie polskiej procedury cywilnej

2019 ◽  
Vol 28 ◽  
pp. 351-362
Author(s):  
Piotr Soroka ◽  
Magdalena Korkuś-Soroka
Keyword(s):  
Criminal Procedure ◽  
Civil Procedure ◽  
The Other ◽  
Other Hand ◽  
Civil Proceedings ◽  
Short Presentation

Artykuł krótko opisuje, czym jest doktryna „owoców drzewa zatrutego” i w jaki sposób może ona wpływać na przebieg procesu cywilnego. Ukazanie tej problematyki na gruncie orzecznictwa pozwala sformułować istotne wnioski, które powinny uwzględniać sądy, w sytuacjach gdy strony próbują wprowadzić do procesu nielegalnie uzyskany dowód. Brak regulacji w tej materii powoduje, że lukę tę musi wypełnić orzecznictwo i doktryna. Application of the „fruits of the poisonous tree” doctrine in the Polish Civil ProcedurePolish civil procedure lacks a solution for evidence which was acquired by the parties illegally or in a manner which may stand in collision with good customs or with principles of social coexistence. The “fruit of the poisonous tree” doctrine has roots in criminal procedure but, on the other hand, it could be applied also in civil proceedings sadly, in Polish criminal procedure this doctrine is very limited. This article is a short presentation of the current views of Polish courts and jurisprudence on this matter, which are not consistent.

scholarly journals ON THE ISSUE OF INSTITUTIONS OF INTERNATIONAL CIVIL PROCEDURE

2020 ◽  
pp. 37-40
Author(s):  
Ирина Александровна Крусс
Keyword(s):  
Legal Status ◽  
Civil Procedure ◽  
Court Decisions ◽  
Civil Proceedings ◽  
Recognition And Enforcement ◽  
Court Orders

В статье исследуются институты международного гражданского процесса. Определение правового положения иностранных лиц в российском гражданском процессе, установление подсудности по делам, осложненным иностранным элементом, проблемы исполнения судебных поручений иностранных судов и признания и приведения в исполнение иностранных судебных решений, решении арбитражей - вопросы, которые не перестают быть актуальными в настоящее время. The article examines the institutions of international civil procedure. Questions of the legal status of foreign persons in Russian civil proceedings, regarding the determination of jurisdiction in cases complicated by a foreign element, the procedure for executing court orders of foreign courts and the recognition and enforcement of foreign court decisions do not cease to be relevant.

scholarly journals Guardianship and Parental Connections: Connections and Departures in Jeremy Bentham’s Account

2011 ◽  
Author(s):  
Brian E Cox
Keyword(s):  
Present Article ◽  
Legal Status ◽  
The Other ◽  
Previous Article ◽  
Dual Roles ◽  
Other Hand ◽  
Special Relations ◽  
Similarities And Differences ◽  
Personal Perspectives ◽  
The One

This article follows an earlier assessment of Bentham’s views on guardianship 1 that touched on but did not explore connections or departures between guardian-ward and parent-offspring relations, about which Bentham was not as precise as he might have been. Further, he added complexity to the issue by describing parents as occupying dual roles: guardians and ‘masters’ (employers) of their own offspring. These relations are now considered, on the one hand, in the wider context of ‘special relations’ and ‘duties’ and, on the other hand, alongside some appreciation of Bentham’s personal perspectives. However, the main object of the present article is to assess similarities and differences between parents and guardians in legal, status and functional terms. It uses the profile of guardian-ward relations provided by the previous article 2 as a benchmark. The article concludes by affirming that ‘being a parent’ and ‘being a guardian’ have quite different meanings.

scholarly journals Historical Development over Religious Liberty in the Indonesian Constitution

2020 ◽  
Vol 3 (1) ◽  
pp. 65-74
Author(s):  
Mahaarum Kusuma Pertiwi
Keyword(s):  
Legal System ◽  
Historical Development ◽  
The State ◽  
Religious Liberty ◽  
The Other ◽  
Constitutional Amendment ◽  
Court Decisions ◽  
Other Hand ◽  
Political Consensus

This paper finding is the existence of recurring unsettled negotiation between the Islamists and the Nationalists during three important constitutional works in Indonesia (the making of 1945 Constitution; the work of Konstituante to draft a new constitution in 1955-1959; and the constitutional amendment 1999-2002). Such fragile political consensus creates a legal gap in the Indonesian legal system: constitutional guarantee on religious liberty on one hand, and discriminative derivative laws and court decisions in relate to religious liberty on the other hand. This paper argues the legal gap happens because historically, discourse over religious liberty never settled during constitutional debates. It leads to ambiguous constitutional articles on religious liberty such as the seemingly contradicting Article 28 I (1) on absolute rights and Article 28 J (2) on the limitation of rights. The ambiguous constitutional articles give no solid basis for protecting religious liberty, especially for minority, although explicitly Article 29 (2) of the Constitution stating, ‘The State guarantees freedom of every inhabitant to embrace his/ her respective religion and to worship according to his/ her religion and faith as such’. This paper will explain the unsettled negotiations during the making of Pancasila and the Jakarta Charter in 1945; the debate within Konstituante’s work in 1959; and the debate during constitutional amendment in 1999-2002.

THE METHODOLOGY OF TEACHING CIVIL PROCEDURE (MEMORIES OF MIKHAIL KONSTANTINOVICH TREUSHNIKOV)

2021 ◽  
Vol 11 (5) ◽  
pp. 22-33
Author(s):  
E.V. KUDRYAVTSEVA
Keyword(s):  
Social Sciences ◽  
Legal Education ◽  
Civil Procedure ◽  
The Other ◽  
State University ◽  
Civil Proceedings ◽  
Law Faculty ◽  
Training Courses ◽  
Moscow State University

The article is dedicated to the memory of Mikhail Konstantinovich Treushnikov, Doctor of Law, Professor, Honored Scientist, Head of the Department of Civil Procedure of the Law Faculty of the Lomonosov Moscow State University. The article analyzes the methodology of teaching civil procedure, focuses on the methodology of lecturing, seminars, and game processes. Mikhail Konstantinovich paid great attention to the methodology of teaching civil procedure. The author of the article offers a study of the section “Methods of Teaching Law” from the book “Creative Search in the Science of Civil Procedure Law” by M.K. Treushnikov published in 2020. This section presents methodological recommendations on how to prepare and give lectures for newly elected judges at the republican training courses for legal officers on two subjects: “Preparation of civil cases for trial is a mandatory stage of the process”, “Types of evidence in civil proceedings”. The other two articles in this section are devoted to different issues. One is devoted to the methodology of teaching law in non-law universities (on the example of Moscow State University), the other is written on the basis of a speech “Traditions and Innovations in Legal Education” at the conference meeting of the heads of the departments of social sciences of the Lomonosov Moscow State University on 16 February 2007 and shows the role of departments in solving the problems of legal education.

30. Striking Out, Discontinuance, and Stays

2021 ◽  
pp. 324-335
Author(s):  
Stuart Sime
Keyword(s):  
Civil Procedure ◽  
The Other ◽  
Court Order ◽  
Civil Proceedings

This chapter discusses striking-out orders, discontinuance, and stays in civil proceedings. Rule 3.4(2) of the Civil Procedure Rules 1998 (CPR) allows the court to strike out a statement of case if it appears to the court: that the statement of case discloses no reasonable grounds for bringing or defending the claim; that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or that there has been a failure to comply with a rule, practice direction, or court order. A party who realizes their case is doomed is often best advised to discontinue to prevent the accumulation of further costs, but often has to pay the costs of the other parties to date. Stays are temporary halts in proceedings, and can be granted for a range of reasons. A stay is normally lifted once the reason no longer applies.

30. Striking Out, Discontinuance, and Stays

2020 ◽  
pp. 322-333
Author(s):  
Stuart Sime
Keyword(s):  
Civil Procedure ◽  
The Other ◽  
Court Order ◽  
Civil Proceedings

This chapter discusses striking-out orders, discontinuance, and stays in civil proceedings. Rule 3.4(2) of the Civil Procedure Rules 1998 (CPR) allows the court to strike out a statement of case if it appears to the court: that the statement of case discloses no reasonable grounds for bringing or defending the claim; that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or that there has been a failure to comply with a rule, practice direction, or court order. A party who realizes their case is doomed is often best advised to discontinue to prevent the accumulation of further costs, but often has to pay the costs of the other parties to date. Stays are temporary halts in proceedings, and can be granted for a range of reasons. A stay is normally lifted once the reason no longer applies.

30. Striking out, discontinuance, and stays

2016 ◽  
Author(s):  
Stuart Sime
Keyword(s):  
Civil Procedure ◽  
The Other ◽  
Court Order ◽  
Civil Proceedings

This chapter discusses striking-out orders, discontinuance, and stays in civil proceedings. Rule 3.4(2) of the Civil Procedure Rules 1998 (CPR) allows the court to strike out a statement of case if it appears to the court: that the statement of case discloses no reasonable grounds for bringing or defending the claim; that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or that there has been a failure to comply with a rule, practice direction, or court order. A party who realizes their case is doomed is often best advised to discontinue to prevent the accumulation of further costs, but often has to pay the costs of the other parties to date. Stays are temporary halts in proceedings, and can be granted for a range of reasons. A stay is normally lifted once the reason no longer applies.

28 USC § 1782—looking for consensus

2019 ◽  
Vol 35 (3) ◽  
pp. 331-345
Author(s):  
David J Stute
Keyword(s):  
United States ◽  
Federal Court ◽  
The United States ◽  
Federal Courts ◽  
The Other ◽  
Court Decisions ◽  
Arbitral Tribunal ◽  
Civil Proceedings ◽  
The Subject ◽  
Definition Of

Abstract Since the 1948 enactment of 28 USC § 1782 in the United States, no consensus has emerged as to the availability of federal court discovery to parties in private foreign or international arbitral proceedings. This year, within months of one another, six federal courts have issued rulings that are widely inconsistent on the availability of section 1782 discovery. The courts have ruled that a proceeding before a private international arbitral tribunal is eligible for section 1782 discovery; that, categorically, no such discovery is available; that the definition of private arbitral tribunal applies to CIETAC; and that discovery is available by virtue of a party’s parallel pursuit of discovery through foreign civil proceedings. As these cases demonstrate, recent US court decisions have brought no predictability, let alone certainty, to the subject. Congress, on the other hand, could and should amend the statute so as to include private tribunals in the scope of section 1782. This article discusses the case law’s state of disarray; proposes a legislative solution; considers the proposed amendment’s merits; and advocates for Congress to act.

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