scholarly journals ZRZECZENIE SIĘ PRAWA DO WNIESIENIA APELACJI W POSTĘPOWANIU UPROSZCZONYM

2017 ◽  
Vol 5 (2) ◽  
pp. 183 ◽  
Author(s):  
Agnieszka Kincbok
Keyword(s):  
Standard Procedure ◽  
Civil Procedure ◽  
Civil Proceedings ◽  
Simplified Procedure ◽  
The Right

Renunciation of the Right of Appeal in the Simplified ProcedureSummaryThis aticle concerns the institution of renunciation of the right of appeal, which is regulated by article 5058 § 3 of the Act of 17 November 1964 - Civil Proceedings Code (CPC).Renunciation of the right of appeal, which was introduced to the Polish civil procedure by an amendment to the CPC of 24 May 2000, functions only in the simplified procedure. In consequence it is impossible to renounce the right of appeal both in the standard procedure based on the general regulations and in the remaining types of procedures under CPC.This paper addresses the questions of who is authorized to renounce ius appellandi, when and in what form this can be done.Moreover this article discusses whether under article 5058 § 3 of CPC the judge is authorized to decide that renunciation of appeal is unacceptable for reasons specified in articles 203 § 4, 469 and 47913 of the CPC. The author of the article argues that on the ground of the currently binding regulations the judge does not have this kind of prerogative.The article also discusses procedural effects of the renunciation, which are different depending on the party making such declaration.Finally, this article looks into the widely disputed issue whether it is possible to cancel the declaration of renunciation of ius appellandi. 

scholarly journals CERTAIN ASPECTS OF COMMENCING APPELLATE PROCEEDINGS AGAINST THE DECISIONS OF ARBITRATION COURTS AND PREPARING THEM FOR TRIAL

2019 ◽  
pp. 34-38
Author(s):  
Yu. O. Kotviakovskyi
Keyword(s):  
Judicial Review ◽  
Civil Procedure ◽  
Compromise Solution ◽  
Current Version ◽  
Civil Proceedings ◽  
Relevant Category ◽  
Points Of View ◽  
The Law ◽  
Simplified Procedure ◽  
The Right

On the basis of the analysis of the rules of the Code of Civil Procedure of Ukraine governing proceedings on appeals against decisions of arbitration courts, and taking into account scholars’ points of view on this issue, the article investigates the procedure for commencing proceedings in cases of the relevant category and preparing them for judicial review. The author argues that it is advisable to consider commencement of appellate proceedings against the decisions of arbitration courts as a separate stage of civil proceedings that has a specific procedural purpose, structure and deadlines clearly defined by the law. Attention is drawn to the unreasonable refusal to commence proceedings in the event of an appeal against a decision made by an arbitration court on the grounds not provided for by the law. In this part, it is noted that the decision on the presence or absence of the grounds for setting aside an award made by the arbitration court, according to Part 3 of Article 457 of the Code of Civil Procedure of Ukraine, is taken when considering the case in court. Thus, refusing to commence proceedings on the basis of Part 8 of Article 454 of the Code of Civil Procedure of Ukraine, the court actually makes a decision on the substance out of court. With respect to the abovementioned, it is suggested to specify the rules of Part 8 of Article 454 of the Code of Civil Procedure of Ukraine. Considering the procedure for preparation of cases on appeals against decisions of arbitration courts, the author focuses his attention on the progressive nature of the provisions of Article 456 of the Code of Civil Procedure of Ukraine. It establishes the right of a competent court on its own initiative to ask the arbitration court for the necessary case materials concerning the grounds for setting aside the arbitral award. The implementation of this approach creates the conditions for further fair trial. At the same time, the consideration of cases on appeals against the decisions of arbitration courts in the order of simplified procedure according to the current version of the Code of Civil Procedure of Ukraine, in the author’s opinion, limits the parties’ possibilities for a compromise solution to the dispute. Emphasis is placed on the reasoning of further improving the legislation in terms of empowering the parties to conciliate procedures, at the stage of preparation of cases for trial.

NEW CLASSIFICATION OF PRINCIPLES OF CIVIL PROCEDURE

2021 ◽  
Author(s):  
Тимур Султанович Габазов ◽  
Амир Ахметович Мужахаев ◽  
Аминат Аслановна Солтамурадова
Keyword(s):  
Civil Procedure ◽  
New Classification ◽  
Procedural Law ◽  
Civil Proceedings ◽  
Key Factor ◽  
The Subject ◽  
The Right

В представленной статье кратко раскрывается смысл понятия такого явления, как принцип гражданского процессуального права, а также дана классификация принципов, уже существующих и утвердившихся в теории гражданского процесса. Авторы работы предприняли попытку разработать новую классификацию принципов гражданского судопроизводства, отличную от общепринятой, в которой ключевым фактором выступает субъект, которому эти принципы адресованы по своему содержанию. По результатам проведенного исследования выделены субъекты, которым адресованы действия этих принципов: адресованные только суду; адресованные только лицам, участвующим в деле; - адресованные всем субъектам гражданского судопроизводства в целом (общие). Можно вполне обосновано сказать, что новая классификация принципов гражданского процесса, в зависимости от субъекта имеет право на существование. The presented article briefly reveals the meaning of the concept of such a phenomenon as the principle of civil procedural law, and also gives a classification of the principles that already exist and are established in the theory of civil procedure. The authors of the work attempted to develop a new classification of the principles of civil proceedings, different from the generally accepted one, in which the key factor is the subject to whom these principles are addressed in their content. According to the results of the study, the subjects to whom the actions of these principles are addressed: addressed only to the court; addressed only to persons participating in the case; - addressed to all subjects of civil proceedings in general (general). It can be reasonably said that the new classification of the principles of civil procedure, depending on the subject, has the right to exist.

4. Overriding Objective and Human Rights

2021 ◽  
pp. 32-47
Author(s):  
Stuart Sime
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Freedom Of Expression ◽  
Civil Procedure ◽  
Fair Trial ◽  
Civil Litigation ◽  
European Convention ◽  
Procedural Law ◽  
Civil Proceedings ◽  
The Right

This chapter discusses the sources of procedural law, the general principles relevant to civil procedure established by the overriding objective, the European Convention on Human Rights, and some rules on how the courts approach construing the Civil Procedure Rules 1998 (CPR). The CPR and practice directions (PDs) are the procedural rules governing civil proceedings. The most important rule is the ‘overriding objective’ of dealing with claims justly and at proportionate cost. The most important Convention rights in civil litigation are the right to a fair trial, the right to respect for private and family life, and the right to freedom of expression.

4. Overriding Objective and Human Rights

2019 ◽  
pp. 32-47
Author(s):  
Stuart Sime
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Freedom Of Expression ◽  
Civil Procedure ◽  
Fair Trial ◽  
Civil Litigation ◽  
European Convention ◽  
Procedural Law ◽  
Civil Proceedings ◽  
The Right

This chapter discusses the sources of procedural law, the general principles relevant to civil procedure established by the overriding objective, the European Convention on Human Rights, and some rules on how the courts approach construing the Civil Procedure Rules 1998 (CPR). The CPR and practice directions (PDs) are the procedural rules governing civil proceedings. The most important rule is the ‘overriding objective’ of dealing with claims justly and at proportionate cost. The most important Convention rights in civil litigation are the right to a fair trial, the right to respect for private and family life, and the right to freedom of expression.

4. Overriding Objective and Human Rights

2020 ◽  
pp. 32-47
Author(s):  
Stuart Sime
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Freedom Of Expression ◽  
Civil Procedure ◽  
Fair Trial ◽  
Civil Litigation ◽  
European Convention ◽  
Procedural Law ◽  
Civil Proceedings ◽  
The Right

This chapter discusses the sources of procedural law, the general principles relevant to civil procedure established by the overriding objective, the European Convention on Human Rights, and some rules on how the courts approach construing the Civil Procedure Rules 1998 (CPR). The CPR and practice directions (PDs) are the procedural rules governing civil proceedings. The most important rule is the ‘overriding objective’ of dealing with claims justly and at proportionate cost. The most important Convention rights in civil litigation are the right to a fair trial, the right to respect for private and family life, and the right to freedom of expression.

4. Overriding Objective and Human Rights

2018 ◽  
Author(s):  
Stuart Sime
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Freedom Of Expression ◽  
Civil Procedure ◽  
Fair Trial ◽  
Civil Litigation ◽  
European Convention ◽  
Procedural Law ◽  
Civil Proceedings ◽  
The Right

This chapter discusses the sources of procedural law, the general principles relevant to civil procedure established by the overriding objective, the European Convention on Human Rights, and some rules on how the courts approach construing the Civil Procedure Rules 1998 (CPR). The CPR and practice directions (PDs) are the procedural rules governing civil proceedings. The most important rule is the ‘overriding objective’ of dealing with claims justly and at proportionate cost. The most important Convention rights in civil litigation are the right to a fair trial, the right to respect for private and family life, and the right to freedom of expression.

THE COMPLIANCE OF THE CIVIL PROCEDURE LAW WITH ARTICLE 13 OF UN CONVENTION ON THE RIGHT OF PERSONS WITH DISABILITIES

2019 ◽  
pp. 150
Author(s):  
Aldis Kaļva
Keyword(s):  
Civil Procedure ◽  
Access To Justice ◽  
Persons With Disabilities ◽  
Civil Proceedings ◽  
The Right

The paper explores the compliance of the Civil Procedure Law with Article 13 of the UN Convention on the Rights of Persons with Disabilities. Latvia has ratified the UN Convention on the Rights of Persons with Disabilities in 2010; therefore it is important to study how the rights of persons with disabilities stated in the convention are respected in civil proceedings in practice with respect to effective access to justice.

4. Overriding objective and human rights

2016 ◽  
Author(s):  
Stuart Sime
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Freedom Of Expression ◽  
Civil Procedure ◽  
Fair Trial ◽  
Civil Litigation ◽  
European Convention ◽  
Procedural Law ◽  
Civil Proceedings ◽  
The Right

This chapter discusses the sources of procedural law, the general principles relevant to civil procedure established by the overriding objective, the European Convention on Human Rights, and some rules on how the courts approach construing the Civil Procedure Rules 1998 (CPR). The CPR and practice directions (PDs) are the procedural rules governing civil proceedings. The most important rule is the ‘overriding objective’ of dealing with claims justly and at proportionate cost. The most important Convention rights in civil litigation are the right to a fair trial, the right to respect for private and family life, and the right to freedom of expression.

scholarly journals The civil procedure principles as the essential basis for undisputed enforcement of obligations

2018 ◽  
Vol 51 ◽  
pp. 01011
Author(s):  
Andris Pesudovs
Keyword(s):  
Civil Procedure ◽  
Legal Principles ◽  
Legal Relationship ◽  
Simplified Procedure ◽  
The Right ◽  
Judicial Protection ◽  
To Receive ◽  
Legal Consequences

Not always are a legal transaction and the legal consequences thereof limited to complete and voluntary fulfilment of the mutual obligations of the parties. In cases when a commitment has not been fulfilled, there is an option for a creditor to request for judicial protection in order to prove substantiality of his claim and to receive confirmation to his right to recover the debt in a form of court judgment. However, in the civil legal relationship such impairment of a right is possible which exists outside the dispute regarding the right. A debtor fails fulfilling his obligation and not denies doing it. In such circumstances, notwithstanding recognition of the debt, in order to achieve compulsory execution of the obligation, a document to be enforced is also needed. Provided the type of transaction allows establishing of such type of legal consequences, simplified procedural arrangements may be applied, and restricted principle of contest may result in the possibilities of procedural economy being exercised. Admissibility of such procedural possibility also inevitably activates the discussion regarding what the preconditions of the simplified procedure are and how the simplified procedure of establishing the debtor's obligation can be consistent with protection of his rights. The article focuses on the procedural legal principles, which are involved in the alternative to claim proceedings action of the expedited proceedings and the mutual coherency thereof. Attention is also paid to the form of the transaction and significance thereof in the simplified proceedings.

scholarly journals Judgements Without Trial in Civil Proceedings in Malaysia: A Brief Analysis on the Burden of Proof Required

2020 ◽  
Vol 2020 (27) ◽  
pp. 25-30
Author(s):  
Haniwarda Yaakob
Keyword(s):  
Burden Of Proof ◽  
Civil Procedure ◽  
Fair Trial ◽  
Civil Proceedings ◽  
Complex Procedure ◽  
Low Threshold ◽  
The Right ◽  
Summary Judgment ◽  
Full Trial

Civil proceedings involve a complex procedure with various interlocutory applications before the matter is set for trial. Some of the interlocutory applications, namely applications to enter judgment in default, to strike out pleading and for summary judgment, may result in the plaintiff obtaining early judgment or disposal of the case without a full trial. Interestingly, these applications require a different burden of proof for the plaintiff to satisfy. This article seeks to explore the burden of proof necessitated in those applications in order to evaluate the likelihood of the plaintiff obtaining judgment without trial. In achieving this objective, the process of civil proceedings in Malaysia is briefly explained. This is followed by an analysis on the burden of proof required in the said applications. It is observed that although judgment in defaults or summary judgment may be entered against the defendant upon the plaintiff’s satisfaction of mere procedural requirements, it is equally ‘easy’ for the defendant to set aside or oppose such judgment or application. A conclusion can be derived that civil procedure in Malaysia allows the defendant a sufficient right or opportunity to have ‘his day in court’ by placing a low threshold for him set aside judgment in default or oppose summary judgment application. Further, it is also observed that a stringent burden of proof is needed for the plaintiff to be able to strike out the defendant’s defence and enter judgment on his behalf. This is, arguably crucial so as to cloth the defendant with the right to a fair trial which includes the right to be heard and present their cases sufficiently.

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