LIMITACIONES Y PRINCIPALES RETOS DE LA ORALIDAD CIVIL EN EL SISTEMA JUDICIAL PERUANO

ABSTRACT: The article presented contains an analysis of the main challenges that the implementation of the Civil Oral Litigation model in the Peruvian Judicial System represents, through the identification of recurrent challenges previously identified through the 1993 Civil Procedure Code, as well as the description of some possible limitations of the Peruvian Judicial System; to conclude with recommendations and practical actions to be taken by magistrates, lawyers and law students, as well as politicians, legislators and academics in the area. Key words: Oral litigation, Civil Law, civil reform.

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JUDICIAL REFORM OF THE LATE 20TH – EARLY 21ST CENTURIES IN RUSSIA

Herald of Civil Procedure ◽

10.24031/2226-0781-2021-11-5-191-221 ◽

2021 ◽

Vol 11 (5) ◽

pp. 191-221

Author(s):

V.M. ZHUIKOV

Keyword(s):

Russian Federation ◽

Major Change ◽

Civil Procedure ◽

Judicial System ◽

Judicial Reform ◽

Federal Law ◽

Current Trends ◽

Procedure Code ◽

The Russian Federation ◽

Civil Cases

The author analyzes the reform of the Russian legislation regulating the activity of courts for consideration of civil cases, the reform, which began in the 1990s and continues to this day. Highlights the main stages of the reform related to the adoption of the Constitution of the Russian Federation 1993, changes in the judicial system, with the adoption of the Commercial Procedure Code of the Russian Federation in 1992, 1995, 2002, with a major change of Civil Procedure Code of the RSFSR 1964 and the entry into force of the current Civil Procedure Code of the Russian Federation, 2002. In addition, the author calls the current trends in the development of procedural legislation, including reforms made by Federal Law of 28 November 2018 No. 451-FZ.

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Part II The Member State Reports on Transposition of the Directive, 8 Hungary

The EU Antitrust Damages Directive ◽

10.1093/law-ocl/9780198812760.003.0008 ◽

2018 ◽

Author(s):

Nagy Csongor István

Keyword(s):

Member State ◽

Civil Law ◽

Civil Procedure ◽

Judicial System ◽

Parent Company ◽

Private Enforcement ◽

Binding Force ◽

Collective Redress ◽

Right Of Return ◽

System P

This chapter examines the transposition of the Antitrust Damages Directive in Hungary. It begins with an overview of the transposition procedure, focusing on the Hungarian private enforcement landscape and the transposition process. In particular, it considers how the provisions implementing the Directive were built into the Hungarian Competition Act (HCA), creating a special regime that departs in certain aspects from the general principles of Hungarian civil law and civil procedure (e.g., access rules, calculation of damages). The chapter goes on to discuss the scope of the Hungarian implementing provisions as well as specific issues that arose during the transposition, including those relating to time-barring deadlines, binding force of decisions of other Member States, parent company liability, presumption and quantification of damages by cartels or other antitrust infringements, distribution of liability between co-infringers and right of return between co-infringers, access rules, collective redress, and organization of the judicial system.

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Comparative Study of Civil Procedure in Common Law and Civil Law Systems

Journal of Politics and Law ◽

10.5539/jpl.v9n5p267 ◽

2016 ◽

Vol 9 (5) ◽

pp. 267

Author(s):

Nader Ghanbari ◽

Hassan Mohseni ◽

Dawood Nassiran

Keyword(s):

Comparative Study ◽

Common Law ◽

Civil Law ◽

Civil Procedure ◽

Judicial System ◽

Specific Method ◽

Legal Systems ◽

Separate Branch ◽

The Common ◽

The Comparative Study

Comparing the legal systems is a specific method in which due to its important function is considered as a separate branch in law. None of the branches in law can place its knowledge merely on ideas and findings within the national borders. Several basic objections have been given regarding the definition and purpose of comparative study in civil procedure. In addition there are specific problems regarding studying practically the similar systems in a legal system like differences in purpose, definition and concept. In different legal systems like civil law and common law systems in which there is a divergence, even the judicial system`s organs and judges` appointment and judicial formalism are different, which add to the problems of the comparative study. Reviewing these differences could lead to a better understanding of these legal systems and recognizing the common principles in making use of each other`s findings considering these differences and indicate the obstacles of comparative study in this regard.

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GENERAL PRINCIPLES OF CIVIL JURISDICTION

Young Scientist ◽

10.32839/2304-5809/2020-10-86-73 ◽

2020 ◽

Vol 10 (86) ◽

Author(s):

Nataliia Ryzhenko ◽

◽

Olena Korolova ◽

Keyword(s):

Civil Procedure ◽

Judicial System ◽

Unified Approach ◽

Administrative Procedure ◽

Procedural Law ◽

Territorial Jurisdiction ◽

Procedure Code ◽

Procedural Code ◽

The Moment ◽

Definition Of

From the moment of becoming valid the law of Ukraine «On amendments to the Commercial procedural code of Ukraine, Civil procedural code of Ukraine the Code of administrative procedure of Ukraine and other legislative acts» of 3 October 2017 jurisdiction of courts courts is defined through the concept of «jurisdiction». This article considers the practical and theoretical significance of the amendments made by this legislative act to the current Civil Procedure Code of Ukraine. The significance of civil jurisdiction and its classification are revealed. To date, the science of civil procedural law has not developed a unified approach to the definition of «jurisdiction» and «civil jurisdiction». With regard to substantive and subjective jurisdiction, it is emphasized that these aspects should be taken into account together. Territorial jurisdiction is defined in the Civil Procedure Code of Ukraine as jurisdiction. The instance jurisdiction determines the scope of powers of the court of each link of the judicial system of Ukraine, and the territorial (jurisdiction) determines the limits of powers between courts within one judicial link to hear cases in the first instance. In general, the rules of territorial jurisdiction are less strict than the rules of substantive jurisdiction, as the level of the court is considered appropriate, but violations of the rules of territorial jurisdiction may create additional inconveniences, which, however, usually do not objectively affect the content of the decision. The difficulty of establishing the jurisdiction of the court at this stage of updating the judicial system of Ukraine is due to significant changes in procedural law. The process of harmonization of procedural legislation has contributed to the consolidation of a single conceptual apparatus, which has so far been used mostly at the theoretical level. Thus, at the legislative level, the jurisdiction of the courts of Ukraine is determined exclusively by the jurisdiction, which in the Civil Procedure Code of Ukraine, the Commercial Procedure Code of Ukraine and the Code of Administrative Procedure of Ukraine is divided into substantive and subjective, instance, territorial. However, the analyzed provisions of the Civil Procedure Code of Ukraine demonstrate the need to further improve the rules of civil jurisdiction.

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Judges and Lawmaking Authority: The New Brazilian Civil Procedure Code and the Limits of How a Civil Law Judge Could Act As a Common Law Judge

International Journal of Business and Social Science ◽

10.30845/ijbss.v11n1a4 ◽

2020 ◽

Vol 11 (1) ◽

Author(s):

Rafael De Oliveira Rodrigues

Keyword(s):

Common Law ◽

Civil Law ◽

Civil Procedure ◽

Procedure Code

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Certain features of using of the "estoppel" doctrine in civil proceedings of the Russian Federation

Bulletin of the Kostroma state University ◽

10.34216/1998-0817-2019-25-3-167-171 ◽

2019 ◽

pp. 167-171

Author(s):

Anna V. Ivkova ◽

Yelizaveta S. Krotova

Keyword(s):

International Law ◽

Russian Federation ◽

Civil Law ◽

Civil Procedure ◽

The State ◽

Good Faith ◽

Procedure Code ◽

Civil Proceedings ◽

The Russian Federation

The "estoppel" concept and the issues of applying the "estoppel" rule in international law and Russian civil law are considered in this paper. Procedural legislation novels stipulated in the Concept of the Unified Civil Procedure Code of the Russian Federation, approved by the Committee on Civil, Criminal, Arbitration and Procedural Legislation of the State Duma of the Federal Assembly of the Russian Federation on December 8, 2014, are noted here. The authors propose amendments to the civil procedural legislation, which will allow to apply the "estoppel" rule in civil proceedings. Particularly the authors propose to supplement Article 12 of the Civil Procedure Code of the Russian Federation with part 3, including in it the obligation of the party to act in good faith in the exercise and protection of their rights and obligations. The authors indicate what exactly should be understood as unfair behaviour in this context.

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SETTLING CIVIL DISPUTES IN COURT BASED ON SIMPLIFIED PROCEDURE

Scientific Journal of Tra Vinh University ◽

10.35382/18594816.1.27.2017.129 ◽

2019 ◽

Vol 1 (27) ◽

pp. 48-55

Author(s):

Binh Huu Trinh

Keyword(s):

Civil Procedure ◽

Law Students ◽

Judicial Reform ◽

Time Duration ◽

The Real ◽

Legal Relationship ◽

Procedure Code ◽

Methods Of Synthesis ◽

Simplified Procedure ◽

Real State

According to the ordinary procedure, the time duration for a case proceeding can be extended from 4 to 8 months; therefore, subjectively the judge who is assigned to settle the case does not necessarily determine the type of case involving simple facts or the clear legal relationship to deal with promptly; consequently, the simplified procedure which was specified in the Civil Procedure Code 2015 has fulfilled that task. However, by examining the new provisions on the simplified procedure, the author realizes that there are certain limitations. In this paper, the author assesses the real state of law restrictions in practice, and then applies the methods of synthesis, analysis, comparison and evaluation in order to make proposals for the perfect law based on the view of the Party and the State on the strategies of judicial reform. The proposals can be both applied effectively in judicial work and used as reference sources for law students and for teaching.

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O INCIDENTE DE RESOLUÇÃO DE DEMANDAS REPETITIVAS NO CONTEXTO DO SISTEMA DE PRECEDENTES: ANÁLISE CRÍTICA DO FENÔMENO DA "COMMONLAWLIZAÇÃO" DO DIREITO BRASILEIRO

Revista Gestão e Desenvolvimento ◽

10.25112/rgd.v16i3.1791 ◽

2019 ◽

Vol 16 (3) ◽

pp. 200

Author(s):

Gabriel Joner ◽

Jesser Rodrigues Borges

Keyword(s):

Critical Analysis ◽

Common Law ◽

Civil Law ◽

Civil Procedure ◽

Point Of View ◽

Legal Certainty ◽

Procedure Code ◽

Foreign Law ◽

The Subject ◽

The Common

RESUMOO presente estudo tem por objetivo, sem a pretensão de esgotar o tema, analisar o Incidente de Resolução de Demandas Repetitivas, incluído pelo Novo Código de Processo Civil de 2015, sob a ótica do denominado sistema de precedentes e, ao final, propor uma análise crítica acerca da possível “commonlawlização” do direito brasileiro. Para tanto, buscou-se breves considerações históricas acerca dos institutos da common law e da civil law, na sequência, analisou-se tais institutos sob a ótica do Código de Processo Civil de 1973 e, ao final, a sua sistematização a partir do Novo Código de Processo Civil. Os mecanismos incorporados pelo Novo Código visam a amenizar a problemática atualmente enfrentada pelo Poder Judiciário, com o objetivo de proporcionar celeridade processual e segurança jurídica. Por fim, analisa-se o Incidente de Resolução de Demandas Repetitivas, propondo uma leitura crítica do fenômeno da “commonlawlização” do direito brasileiro, apontando a necessidade de cautela em relação aos mecanismos importados do direito estrangeiro, em especial, ao Incidente de Resolução de Demandas Repetitivas, a fim de dar-lhes uma leitura conforme a Constituição Federal.Palavras-chave: Novo Código de Processo Civil. Sistema de Precedentes. Common law. Civil law. Incidente de Resolução de Demandas Repetitivas. ABSTRACTThe purpose of this study, without the pretension of exhausting the subject, is to analyze the Incident for Resolution of Repetitive Claims, included in the New Civil Procedure Code of 2015, under the perspective of the denominated precedents system and, at the end, to propose a critical analysis about the possible “communalization” of Brazilian law. ¬¬¬¬Therefore, short historical considerations were sought on the common law and civil law institutes, followed by an analysis of these institutes from the point of view of the Code of Civil Procedure of 1973 and, finally, their systematization based on the New Code of Civil Procedure. The mechanisms incorporated by the New Code aim to alleviate the problems currently faced by the Judiciary, with the objective of providing procedural expediency and legal certainty. At the end, the Repetitive Demand Incident Incident is analyzed, proposing a critical reading of the phenomenon of “commonlization” of Brazilian law, pointing out the need for caution in relation to the mechanisms imported from foreign law, especially to the Incident of Resolution of Demands Repetitive, in order to give them a reading according to the Federal Constitution.Keywords: New Civil Procedure Code. Precedents System. Common law. Civil law. Incident for Resolution of Repetitive Claims.

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