scholarly journals PORT AS EVIDENCE IN THE CIVIL PROCEEDINGS OF LATVIA

2020 ◽  
Vol 1 ◽  
pp. 73-79
Author(s):  
I. Kudeikina
Keyword(s):  
Expert Opinion ◽  
Civil Procedure ◽  
Road Accidents ◽  
Interested Party ◽  
Expert Report ◽  
Civil Case ◽  
Civil Proceedings ◽  
Forensic Expert ◽  
The Right ◽  
In Fire

A forensic expert report is an important part of the evidence process in civil proceedings. An examination is possible both before the initiation of a civil case, and while its consideration. In some cases, it is expedient to conduct examination immediately, until the actual circumstances are not lost or changed, for example, in cases of property damage in fire, in water, in cases of vehicles damage in road accidents. An interested party has the right to ask a forensic expert to conduct an examination. However, according to the Civil Procedure Law of Latvia, the examination conducted at the initiative of one of the parties and not appointed by the court does not have the power to obtain a forensic expert opinion and is assessed as written evidence. The article is devoted to the issues of assessing a forensic expert report as evidence in civil procedure.

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 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.

REACTIVATION OF SEPARATE PROCEDURE IN ECONOMIC MATTER PERFORMED BY THE ACT OF JULY 04, 2019 IN THE LIGHT OF THE CONSTITUTIONA PRINCIPLE OF THE RIGHT TO A COURT

2021 ◽  
Vol 1 (XXI) ◽  
pp. 257-275
Author(s):  
Mariusz Śladkowski
Keyword(s):  
Civil Procedure ◽  
Fair Trial ◽  
Legal Regulations ◽  
Civil Proceedings ◽  
The Right ◽  
Civil Courts ◽  
Statistical Indicators ◽  
Commercial Courts ◽  
Commercial Disputes

One of the most important changes to the legal regulations in 2019 is the reform of the civil procedure introduced by the Act of July 4, 2019 amending the Act - Code of Civil Procedure and certain other acts. One of the most important goals of this reform was to improve the implementation of the civil right to a fair trial. According to the authors of the reform, the existing solutions in terms of the manner of conducting civil proceedings have worked well under conditions of a relatively low burden on civil courts. Among all the novelties introduced by the Act of July 4, 2019, the reactivation of separate proceedings in economic cases is particularly high. It is worth recalling here that separate proceedings in commercial cases were introduced into the Code of Civil Procedure on October 1, 1989 under the Act on the examination of commercial cases by courts. It was abolished on May 3, 2012, while separate commercial courts and a separate concept of an economic case were retained, therefore commercial courts heard commercial cases in “ordinary” proceedings. The initiators of the amendment pointed to the fact that the statistical indicators of the evaluation of the work of commercial courts indicate that this court procedure for resolving commercial disputes did not meet the requirements of economic transactions

NECESSARY (COMPULSORY) EVIDENCES IN CIVIL PROCEDURE

2021 ◽  
Vol 11 (5) ◽  
pp. 61-70
Author(s):  
S.V. NIKITIN
Keyword(s):  
Expert Opinion ◽  
Civil Procedure ◽  
Legal Obligation ◽  
Forensic Evidence ◽  
Civil Proceedings ◽  
Special Rule ◽  
Factual Data

In this article, the author examines the concept and procedural and legal significance of necessary (mandatory) forensic evidence. It analyzes the formulated by M.K. Treushnikov, who was the first in the procedural doctrine who paid attention to the legal obligation to use certain means of proof when establishing certain legal facts, the positive rule of admissibility of evidence, the positions of other authors on the issue of necessary evidence in civil proceedings. The rule of necessary (obligatory) evidence is considered as a special rule of judicial proof. At the end of the study it is concluded that the allocation of necessary evidence is carried out from the same content of factual data, reflecting the same fact, based on the peculiarities of their procedural form. Necessary evidence in its form is a specific type of a written document or expert opinion. Thus, the rule of proving the circumstances of the case with the use of necessary evidence concerns the form of evidence, beyond its content. The thesis is also put forward that necessary evidence, due to the specifics of the procedure for its formation, the presence of requirements established by law to its form and content, has a significant evidentiary value.

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