scholarly journals Participation of Third Parties not Making Independent Claims Regarding the Subject Matter of the Dispute in Civil Proceedings in the Light of Procedural Economy

2021 ◽  
Vol 16 (5) ◽  
pp. 98-113
Author(s):  
D. A. Guziy
Keyword(s):  
Subject Matter ◽  
Third Parties ◽  
Promising Technique ◽  
Civil Proceedings ◽  
Settlement Agreement ◽  
The Subject ◽  
Court Proceedings ◽  
The One ◽  
Joint Consideration ◽  
Judicial Protection

The author explores the issue of participation of third parties not making independent claims regarding the subject matter of the dispute in the context of achieving procedural efficiency in civil proceedings. It is noted that the current rules of civil and arbitration procedural legislation concerning third parties that do not make independent claims regarding the subject matter of the dispute are imperfect and, on the one hand, they have some potential to ensure the true implementation of the principle of procedural economy, and, on the other hand, to enhance the effectiveness of civil proceedings and the scope of safeguards applied to secure judicial protection. Joint consideration and resolution of principal and recourse claims may be treated as a key and promising technique in this regard. The author, using various methodological techniques, conducts a critical analysis of the domestic doctrine and legislation of pre-revolutionary, Soviet and modern periods, and examines foreign experience on the subject at hand. The paper substantiates the conclusion about the possibility and expediency of joint consideration and resolution of the principal and recourse claims. It proposes to apply a mechanism for considering such claims jointly with due regard to the balance of interests of persons involved in the case. It is also noted that in a number of cases it is expedient to consider the principal and recourse claims in separate court proceedings. Summing up, the author expresses the opinion that the expansion of the judicial activity of the judicial activity should be permissible not only in the case of approval by the court of the settlement agreement, but also when the judicial activity results in making a court decision. In conclusion, it is noted that the mechanism of joint consideration and resolution of principal and recourse actions proposed by the author does not infringe the safeguards of civil procedural form and allows us to eliminate “defeat in rights” for the principal respondent (regredient).

scholarly journals Opunomoćenici u upravnom sporu

2020 ◽  
Vol 41 (1) ◽  
pp. 69-85
Author(s):  
Marko Šikić ◽  
Mateja Held
Keyword(s):  
Subject Matter ◽  
Civil Procedure ◽  
Civil Proceedings ◽  
The Subject ◽  
Administrative Courts

Amendments to the Act on Administrative Disputes 2014 added paragraph 2 to the Article 21. It refers to the proper application of the provisions of the Civil Procedure Act in administrative disputes. The Croatian administrative courts have taken a restrictive approach in interpreting that provision, which excludes certain categories of persons from representing complainants and interested parties. The paper problematizes the concept of the authorised representatives in administrative disputes and emphasizes expertise and quality as important features of the representation in general, including the authorised representatives in administrative disputes. The comparative arrangements of European systems in the subject matter are also analysed. It is argued that when interpreting the representation provisions, it is necessary to consider the particularities of the administrative dispute, but also the formulation of the provision, which undoubtedly leaves room for interpretation, as it refers to the “appropriate” application of the provision governing representation in civil proceedings.

scholarly journals En æstetisk filosofi om sanseoverskridende erfaringer

2014 ◽  
Vol 77 (4) ◽  
pp. 317-325
Author(s):  
Lars Albinus
Keyword(s):  
Subject Matter ◽  
Review Article ◽  
The Other ◽  
Doctoral Thesis ◽  
The Subject ◽  
The One ◽  
Entertainment Culture

The full doctoral thesis, The Beautiful Thinking, by the DanishHistorian of Ideas Dorthe Jørgensen, is an impressive and erudite workthat challenges modern theology to learn from philosophical aestheticsor, more specifically, a ‘metaphysics of experience’. Taking her point ofdeparture in Baumgarten’s concept of sensitive cognition, she sets out todevelop a philosophy which, contrary to the erratic strictures of empiricalscience, on the one hand, and superficial tendencies of the modern entertainment culture, on the other, is able to grasp experiences of ‘immanenttranscendence’ or ‘a surplus of meaning’. In this review article, however, I warn against the romanticizing implications of this endeavor inasmuch as the subject matter of theology is a confessional tradition rather than some form of experiential sensitivity.

scholarly journals Merger and division nullity in the Romanian legal system

2013 ◽  
Vol 7 (2) ◽  
Author(s):  
Bejan Felicia
Keyword(s):  
Legal System ◽  
Subject Matter ◽  
Legal Framework ◽  
Third Parties ◽  
European Directives ◽  
Legal Norms ◽  
Cross Border ◽  
The Subject ◽  
The Creation ◽  
Juridical Acts

As a consequence of the transposition of european Directives regarding the merger, division, and cross-border mergers, the Romanian legal system established a special legal framework with regard to the sanction of nullity for such juridical acts. The peculiarities of internal and cross-border reorganisation operations, and the imperative of protecting the interests of third parties, associates, and the companies involved led to the creation of a derogatory legal system on the matter. An analysis of both theoretical and practical perspectives of the subject matter may result in a useful instrument for the application of incidental legal norms, or every time restructuring juridical acts contravene the legal norms. 

Notarialna jurysdykcja prewencyjna. Sprzeczność z prawem jako kryterium odmowy dokonania czynności notarialnej

2017 ◽  
Vol 15 (1) ◽  
pp. 31-47
Author(s):  
Justyna Holocher
Keyword(s):  
Subject Matter ◽  
Public Trust ◽  
Third Parties ◽  
Community Life ◽  
Statutory Law ◽  
The Subject ◽  
The Law ◽  
Notary Public ◽  
The Concept Of Law ◽  
Polish Law

The subject matter of the article is notarial preventive jurisdiction and its rules provided in the Polish law, with an emphasis laid on refusal of performing a notarial transaction, pursuant to Art. 81 of the Law on Institution of Notary Public and Notarial Services. The issue under analysis boils down to answering the question whether the prerequisite for refusing a notarial transaction in the form of ‘contradiction with the law’ covers only the statutory law or also the principles of community life. According to the essential thesis of the article, the systemic and functional reasons advocate taking a stand on having the concept of law limited exclusively to a statute. A Notary Public, for being a person of public trust, is to be a guardian of the legitimacy of a notarial act conceived not only as a conflict with the statutory law, but also with the axiology resulting from other normative systems, including principles of community life. The objective of notarial preventive jurisdiction is to make institutional and procedural frameworks for legal entities which make declarations, which should, in turn, secure the safety of legal transactions, including protection of parties of legal transactions, the efficiency of execution of their rights, as well as that of the rights of third parties and the State. It means that in the course of a ‘notarial procedure’, the Notary Public is obliged not only to apply simply the statutory rules, but also to investigate and to examine the circumstances which might imply the illegitimacy of a notarial action due to a conflict with the law or with the principles of community life.

The Class Action in Lithuania and Poland: History, Experiences and Lessons

2021 ◽  
Vol 46 (2) ◽  
pp. 234-264
Author(s):  
Vytautas Nekrošius ◽  
Kinga Flaga-Gieruszyńska
Keyword(s):  
Comparative Analysis ◽  
Case Law ◽  
Class Action ◽  
Special Focus ◽  
Current Regulation ◽  
Civil Proceedings ◽  
The Subject ◽  
Court Proceedings ◽  
Limited Scope

Abstract The article analyses the peculiarities of the regulation of Class Action institution in the civil proceedings of Lithuania and Poland. Due to its limited scope, this article investigates the civil proceedings in the first instance courts only. The authors draw a special focus on the comparative analysis and the analysis of the effectiveness of the procedure in the current regulation by investigating both the doctrine and the available limited case law. The subject of considerations are problems relating both to the admissibility of filing a class action, as well as the course of court proceedings in cases concerning group proceedings, with particular emphasis on their differences from other procedural structures in Poland and Lithuania.

Varieties of Aboutness

Aboutness ◽  
2014 ◽  
Author(s):  
Stephen Yablo
Keyword(s):  
Subject Matter ◽  
David Lewis ◽  
Equivalence Relations ◽  
Logical Space ◽  
Nelson Goodman ◽  
The Subject ◽  
Truth Value ◽  
The One ◽  
Ways Of Being

A few philosophers have tried to think systematically about subject matter. Gilbert Ryle thought a sentence was about the items mentioned in it. Nelson Goodman thought it was about the items mentioned in certain consequences. David Lewis was the first to consider subject matters as entities in their own right, and the first to link a sentence's subject matter to what it says, as opposed to what it mentions. Lewisian subject matters are equivalence relations on, or partitions of, logical space. A sentence S is wholly about m if its truth-value in a world w is fixed by how matters stand m-wise in w. But he never identified anything as the subject matter of sentence S—the one it is exactly about. This chapter defines it as the m that distinguishes worlds according to S's changing ways of being true in them. Subject anti-matter is defined analogously, and S's overall subject matter is the two together. Aboutness comes out independent of truth-value, as we would hope. A sentence is not about anything different from its negation.

PRESIDENT'S MESSAGE

PEDIATRICS ◽  
1961 ◽  
Vol 28 (6) ◽  
pp. 1019-1019
Author(s):  
Carl C. Fischer
Keyword(s):  
American Academy ◽  
Subject Matter ◽  
Growth And Development ◽  
The Other ◽  
American Academy Of Pediatrics ◽  
Mutual Interest ◽  
History Of ◽  
The Subject ◽  
The One ◽  
Do So

FROM TIME to time Presidents of the American Academy of Pediatrics have used this means of sharing with the fellowship, thoughts which seem to them to be of mutual interest. Last year, President George Wheatley had such a message in every issue, covering a wide variety of interesting and stimulating topics. I will not plan to necessarily continue this policy of having a message for each issue, but will do so whenever the subject matter seems to warrant one. At this, the beginning of a new year for the Academy, it seems appropriate to present to the membership at large a few of the thoughts which I presented in Chicago upon my inauguration as your President. It has recently been my pleasure to reread the two little volumes sent to all Academy Fellows a few years ago, the one containing the Presidential addresses of the first 20 presidents, and the other, Dr. Marshall Pease's stimulating "History of the Academy." I heartily recommend these to any of you who might be interested in the conception, delivery and growth and development of our organization. Of first importance at this time, it seems to me, is the review of the primary objectives of our Academy as originally drawn up by Dr. Grulee and his associates more than 30 years ago. These are: "The object of the Academy shall be to foster and stimulate interest in Pediatrics and correlate all aspects of the word for the welfare of children which properly come within the scope of pediatrics."

Reservation of title in England and New Zealand

Legal Studies ◽  
1992 ◽  
Vol 12 (2) ◽  
pp. 195-209 ◽  
Author(s):  
Gerard McCormark
Keyword(s):  
New Zealand ◽  
Subject Matter ◽  
The Other ◽  
Other Hand ◽  
House Of Lords ◽  
The Subject ◽  
The One ◽  
Court Of Appeal

Reservations of title clauses have enjoyed mixed fortunes in recent times at the hands of the courts in Britain. On the one hand, the House of Lords has upheld the validity and effectiveness of an ‘all-liabilities’ reservation of title clause. On the other hand, claims on the part of a supplier to resale proceeds have been rejected in a string offirst instance decisions. Reservation of title has however been viewed more favourably as a phenomenon in New Zealand. In the leading New Zealand case Len Vidgen Ski and Leisure Ltd u Timam Marine Supplies Ltd. a tracing claim succeeded. Moreover in Coleman u Harvey the New Zealand Court of Appeal gave vent to the view that the title of the supplier is not necessarily lost when mixing of goods, which are the subject matter of a reservation of title clause, has occurred. There are now a series of more recent New Zealand decisions, some of them unreported, dealing with many aspects of reservation of title.

scholarly journals The potato virus "X": Its strains and reactions

1938 ◽  
Vol 229 (559) ◽  
pp. 137-217 ◽  
Keyword(s):  
Virus Infection ◽  
Potato Virus ◽  
Subject Matter ◽  
Potato Virus X ◽  
Distinct Virus ◽  
The Subject ◽  
The Common ◽  
The One

The virus, the subject-matter of the following study, is known under several names: the X virus of Dr Kenneth M. Smith (1931), the common mosaic of Quanjer (1923), the healthy potato virus of Johnson (1925), which he also called tobacco ringspot (a name now given to a quite distinct virus, viz. that described by Wingard (1928) and others (Thung, 1936), and potato virus 1, the name now given by Smith (1937). The extensive work which Smith, the writer and his colleagues, have done on this virus during the last four years has led to the appellation of the X virus being generally adopted as the most convenient, as well as the least committal, of its synonyms, and it is the one which will be adhered to in this paper. Smith drew attention to the variation in virulence of the symptoms exhibited by the virus infection he then called tobacco ringspot, induced by the inoculation of the juice of a potato suffering from what appeared to be simple mosaic.

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