scholarly journals The Institution of Trial in Absentia in View of the Procedural Economy Principle

Russian judge ◽  
2021 ◽  
Vol 2 ◽  
pp. 61-64
Author(s):  
Aleksey I. Artizanov ◽  

Trial in absentia is a civil proceeding providing a specific procedure for cases in the absence of the defendant. For almost 25 years trials in absentia have been considered a means of speeding up the consideration of a case both in Russian legal practice and in the scientific community. The analysis of the problems arising in the practice of civil procedure law is carried out in this article. It relates to the operating principle of procedural economy in case of trials in absentia.

2018 ◽  
Vol 4 (1) ◽  
pp. 141
Author(s):  
Holyness Singadimeja ◽  
Sherly Ayuna Puteri

Basically, the procedural law of industrial relations court is quite similar to civil procedure apply in ordinary court. Article 57 of Law No. 2 of 2004 states that the procedural law apply in industrial relations court is civil procedure apply in ordinary court, unless particularly provided in Law No. 2 of 2004. It means that Law No. 2 of 2004 is lex specialis of HIR, RBg, or Rv. Site examination often held in civil proceeding to obtain certain evidence and make clear the case. Unfortunately, in industrial relations case, site examination may lead to obstacles for the judges and the parties, mostly for the employees, since the time limit to solve the case and the costs that should be paid by the parties.


2021 ◽  
Vol 1 ◽  
pp. 52-56
Author(s):  
Olga S. Zharkova ◽  

The creation of a system of effective legal guarantees of the right of a separately living parent to participate in raising a child has been for many years one of the important, complex tasks of the civil process in Germany in general and enforcement proceedings in particular. This problem is clearly expressed in Russia. The shortcomings of the procedural guarantees of this right are not only sharply outlined in practice, but also are in the focus of attention of the scientific community and attract the attention of human rights bodies of the Council of Europe. This article is devoted to the problems, methods of solution and the goals of the legal transformations of Germany in this area over the past decade.


Author(s):  
Steven P. Croley

This chapter focuses on reforms that seek to make litigation more accessible by lowering its "price." After explaining the promises and limits of familiar alternatives to traditional litigation, such as alternative dispute resolution and health courts, the chapter proposes the establishment of new forms of civil proceeding. In particular, it proposes a new "medium claims court" that has some, but fewer, of the features of traditional litigation. A medium claims court should be designed for cases in which the stakes are too great for small claims court but too small for ordinary litigation. In this same vein, this chapter also proposes adoption of expedited jury trials and experimentation with small claims juries. More generally, it argues that parties should be incentivized, and judges should affirmatively be encouraged, to adopt tailored litigation processes according to the needs and stakes of all civil cases, in order to ensure that civil procedure better aligns litigation costs to the size of a given case.


2018 ◽  
Vol 65 (2) ◽  
pp. 123-144
Author(s):  
Anna Stawarska-Rippel

Socialisation of private law in the second half of the 19th century brought about a new approach to a civil process and its purpose. The main characteristics of the evolution of the civil procedure in the 19th and 20th centuries was limited autonomy of the parties to a process. This limitation was introduced to ensure fair, expedient and cost-effective judgment. A tendency to replace the principle of an adversarial trial with elements of an inquisitorial trial was observed in civil law as well as common law systems. Relevant changes were fi rst made in the Franz Klein Austrian code of civil procedure, followed by departures from the formal truth in the civil process implemented in the system in Germany, Hungary, the Swiss cantons of Zurich and Bern, in Poland, and later, in the second half of the 20th century, also in France. In the common law system, the reform of 1999 ascertained judges a number of discretionary powers to help them establish the facts in a civil proceeding. Those changes added the public element in the civil procedure, but the very idea of a private process and the protection of private interests has been maintained. The totalitarian regimes which emerged in some European states considerably distorted the process of shaping the relationship between the state and the individual. In the socialist civil proceeding, the principle ne eat iudex ultra petita partium was replaced with ex offi cio ultra petita, which was a novelty characteristic of the civil procedure of totalitarian states. The departure from an adversarial principle in the socialist civil process was not much different from the general tendencies observed in the civil procedure in West European states. After the political transformations and change of the regime, former states of the Eastern Bloc sought to signifi cantly increase the autonomy of the parties in a civil process. However, as experience of the Western European states shows, certain public elements must be taken into account in a civil procedure if the European Convention on Human Rights is to be observed.


2021 ◽  
Vol 5 (2) ◽  
pp. 87-100
Author(s):  
Laura Cristina Carcia

The present article contains the main legal practice unification mechanisms, as regulated by the Romanian legislator in accordance with the current Civil Procedure Code, as well as those partaking to the Supreme Court jurisprudence in conjuncture with the lower courts by granting a uniform settlement on the legal issues comprised by the litigations referred to. The presentation starts off with the referral in the interest of the law, a traditional instrument within the national civil procedure legal sphere of activity, it continues with the notification of the Supreme Court for settling certain legal matters, a novelty at national level and of whose practical utility has already been recognised, and it ends by making reference to the second appeal, as an extraordinary means of challenge, with a relatively reduced efficiency, at present, in settling the different interpretations of the legal norms.


1983 ◽  
Vol 28 (4) ◽  
pp. 285-285
Author(s):  
Seymour Fisher
Keyword(s):  

2018 ◽  
Vol 73 (1) ◽  
pp. 63-80 ◽  
Author(s):  
Saul M. Kassin ◽  
Allison D. Redlich ◽  
Fabiana Alceste ◽  
Timothy J. Luke

1964 ◽  
Vol 11 (01) ◽  
pp. 064-074 ◽  
Author(s):  
Robert H Wagner ◽  
William D McLester ◽  
Marion Smith ◽  
K. M Brinkhous

Summary1. The use of several amino acids, glycine, alpha-aminobutyric acid, alanine, beta-alanine, and gamma-aminobutyric acid, as plasma protein precipitants is described.2. A specific procedure is detailed for the preparation of canine antihemophilic factor (AHF, Factor VIII) in which glycine, beta-alanine, and gammaaminobutyric acid serve as the protein precipitants.3. Preliminary results are reported for the precipitation of bovine and human AHF with amino acids.


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