scholarly journals Konsekwencje zniesienia obowiązku meldunkowego dla postępowania cywilnego. Podstawowe problemy i kierunki ich rozwiązania

2014 ◽  
pp. 143-158
Author(s):  
Krzysztof Drozdowicz
Keyword(s):  
Legal System ◽  
Legal Culture ◽  
Civil Procedure ◽  
Active Part ◽  
Population Register ◽  
Civil Proceedings ◽  
Identity Cards ◽  
Compulsory Registration

This article is about the effects of abolition of the compulsory registration and some other records in civil proceedings. Replacement of the existing law on the population register and identity cards by two bills which refer to this issue carries the risk of difficulties in the effective search those people who take an active part in civil proceedings. This applies both to the defendants as well as witnesses. The proposed solutions are designed to facilitate the search for bodies of civil procedure, as well as the introduction of systemic solutions, in order to strengthen the legal culture in the Polish legal system.

scholarly journals Unificarea legislativă a Principatelor Române și consolidarea dreptului în primele decenii ale Regatului României

2021 ◽  
Vol 65 (4) ◽  
pp. 138-185
Author(s):  
Sevastian Cercel ◽  
Keyword(s):  
20Th Century ◽  
Legal System ◽  
Legal Culture ◽  
Criminal Code ◽  
Civil Procedure ◽  
Civil Code ◽  
Old Kingdom ◽  
Law System ◽  
National Legal System ◽  
Functional Mechanisms

In the period 1859-1918, Romania built and consolidated a modern law system subject to fundamental principles that were found throughout Europe, with functional mechanisms and institutions. The adoption of the major codes - the Civil Code, the Code of Civil Procedure, the Criminal Code and the Code of Criminal Procedure - during the reign of Alexandru Ioan Cuza had a cardinal importance for the national legal system. The exercise of modern legislation initiated at that time, in a rhythm which was sometimes criticized, continued through the adoption of the 1866 Constitution or through the measures of the integration of Dobrogea in the Romanian law system. On the path opened by the generation of the Union of the Principalities, Carol I strengthened the beneficial force of law, building a state in which “only the law debated and approved by the nation, decides and governs”. The science of law and legal culture had in Romania, almost six decades after the Union of the Principalities, gathered through tradition and reform, an important dowry, a true “fulfilled state of law”. In the Old Kingdom there was, at the beginning of the 20th century, a fully achieved legal system that rightly expected to be the foundation of the legal system of Greater Romania.

scholarly journals TRZY TRANSFORMACJE W PROCEDURZE CYWILNEJ W POLSCE W XX WIEKU. WZORCE ROZWIĄZAŃ

2016 ◽  
Vol 11 (2) ◽  
pp. 353
Author(s):  
Anna Stawarska-Rippel
Keyword(s):  
World War Ii ◽  
Legal System ◽  
Comparative Method ◽  
Civil Procedure ◽  
Second Republic ◽  
Civil Proceedings ◽  
Rules And Principles ◽  
The Law ◽  
Polish Law ◽  
Polish Code

THREE TRANSFORMATIONS OF CIVIL PROCEEDINGS IN POLAND IN THE 20TH CENTURY. THE LEGAL PATTERNS Summary Poland’s history over the last century was an eventful period of political, state and legal change. There were three transformations of judicial law due to changing political circumstances in twentieth century Poland. The first transformation occurred when independence was gained in 1918. At that point in Poland five different legal system were in force. The decision to temporarily keep the law of the occupying powers until the new Polish legal system was created was taken by the Polish authorities. The work on Polish civil procedure began in November 1919. Using the comparative method all modern legal answers within European civil procedures, which equated with Polish Law, were drafted in the Polish Code of Civil Procedure. The second transformation in Polish judicial law began after  World War II, when Poland found itself under the political influenceof the USSR. Formal maintenance of the law of the Second Republic of Poland was decided on in People’s Poland. The legal system of the interwar Poland, including the Code of Civil Procedure (1930), did not square with the principles of the new state system. Code of Civil Procedure (1930) had been „adapted“ to contemporary governance, plitical and ideological so that it would mirror as much as possible the Soviet model. The new Code of Civil Procedure that was adopted during November 1964 retained its binding force so far. However when the third transformation came about soon after 1989, the existing system of law was revised to eliminate the rules and principles characteristic of the socialist legal system. Amendments of the Code of Civil Procedure (1964) have increased the adversarial aspect of civil proceedings. The possibility of the court to order the investigations  during the civil procedure was eliminated, but the possibility of the court to obtain evidence ex officio was kept which is intended to guarantee the implementation of the principles of truth, in legal sense and not in the ideological sense.

scholarly journals TRANSLATION OF LEGAL NEOLOGISMS ON THE EXAMPLE OF THE TERM "INSIGNIFICANT CASE"

2021 ◽  
pp. 10-14
Author(s):  
Yu. Baklazhenko
Keyword(s):  
Legal System ◽  
Civil Procedure ◽  
Small Claim ◽  
Legal Translation ◽  
Civil Proceedings ◽  
Small Claims ◽  
Simplified Procedures ◽  
Simplified Procedure ◽  
Surface Similarity ◽  
The Eu

The article deals with the issue on translating legal terms from Ukrainian into English on the basis of a case study of a newly-coined term in Ukrainian legislation – 'maloznachna sprava'. The relevance of the topic of legal translation from English into Ukrainian and vice versa has become especially acute in light of the Ukraine-EU approximation agreement. While the introduction of simplified civil proceedings is itself a step towards the approximation of Ukrainian legislation to the EU, the next stage will inevitably be comparing and contrasting the existing terms within the Ukrainian and EU civil procedures. Ukrainian simplified procedure aims at considering insignificant cases (Ukr. – 'maloznachni spravy') in a speedy manner, while EU accelerated and simplified civil procedure uses the term 'small claims' for cases with a claim value for up to EUR 5,000. Obviously, these notions are not equivalent, but their meaning overlaps, creating pitfalls for translation. Thus, for proper translation, it is important to specify how the concept of small claims fits into Ukraine's national context. The notion of insignificant cases illustrates the relevance of the linguistic study of legal translations, as well as a need for the consolidation of practical achievements in the field of translation of legal discourse and, in particular, legal neologisms. The purpose of legal translation is to create a text that will be interpreted in the same way by legal professionals in the target legal system as it would be in the original legal system. The aim of translation is not to erase linguistic and cultural differences but to accommodate them, fully and unapologetically. The challenge is to convey the legal text as a fragment of a living legal system. When translating, a translator should strive for equivalence, bearing in mind the harmonisation and approximation of terminologies. The linguistic approximation of national Ukrainian legal terms to the EU terminology should be carefully considered to avoid their misinterpretation with the supranatural terms. The author emphasises the necessity to perform concept analysis between the terms in the EU and Ukraine simplified procedures and comes to the conclusion that despite having surface similarity to the EU term 'small claim', the Ukrainian term 'maloznachna sprava' is, in fact, a much wider concept. A range of translations of legal neologisms are described in the article, and the need to use a literal translation of the term is substantiated. As a result of the analysis of possible translation options and the ECtHR translation precedent, it is recommended that the term 'maloznachna sprava' should be translated as 'insignificant case' within the sphere of Ukrainian civil procedure. Keywords: legal translation, Ukrainian-English translation, small claim, insignificant case.

scholarly journals Some Important Features of Lithuania Civil Procedure

2019 ◽  
Vol 2 (1) ◽  
pp. 45-51
Keyword(s):  
Group Action ◽  
Legal System ◽  
Western Europe ◽  
Civil Procedure ◽  
European Countries ◽  
Civil Litigation ◽  
Civil Justice ◽  
Central European ◽  
Civil Proceedings ◽  
Preparatory Stage

As in all Eastern and Central European countries, legal system in Lithuania, including civil justice, has undergone many reforms since 1990. In 2003 new Lithuanian Code of Civil Procedure came into force and finally traditions of Western Europe (mainly German and Austrian ones) were systematically introduced into civil litigation in Lithuania. The aim of this article is to present some distinct aspects of Lithuanian civil procedure. It has been chosen to present electronification of civil proceedings because if it’s broadly known success throughout Europe. Preparatory stage is described because this stage of civil proceedings was reformed drastically in 2003. Group action is discussed as one of examples of unsuccessful reforms of Lithuanian civil justice.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

WAYS TO IMPROVE CORRESPONDENCE PROCEEDINGS IN CIVIL PROCEDURE

2021 ◽  
Author(s):  
Тимур Султанович Габазов ◽  
Аюб Бисланович Сулейманов
Keyword(s):  
Social Networks ◽  
Civil Procedure ◽  
Special Position ◽  
Civil Proceedings

Статья посвящена исследованию отдельных путей развития института заочного производства с учетом мнения отдельных исследователей и практиков. Раскрываются не только отдельные недостатки в данном виде гражданского судопроизводства, но и предлагаются реальные пути их преодоления, начиная с учреждения специальной должности - судебного курьера, использованием социальных сетей, а также соответствующих изменений в действующее законодательство. The article is devoted to the study of individual ways of development of the institution of correspondence production, taking into account the opinions of individual researchers and practitioners. It reveals not only individual shortcomings in this type of civil proceedings, but also offers real ways to overcome them, starting with the establishment of a special position - a judicial courier, using social networks, as well as corresponding changes to the current legislation.

APPEAL AND COMPLAINT IN CIVIL PROCEEDINGS AFTER THE CHANGES MADE BY THE ACT OF JULY 4, 2019. – SELECTED ISSUES

2020 ◽  
Vol 4 (XX) ◽  
pp. 181-201
Author(s):  
Mariusz Śladkowski
Keyword(s):  
Civil Procedure ◽  
Fair Trial ◽  
Legal Regulations ◽  
Civil Proceedings ◽  
Civil Cases ◽  
Civil Courts

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. Nowadays, when the number of civil cases is gradually increasing, the legislator’s efforts are required that will realistically simplify and accelerate the proceedings in these cases. As part of the amendment in question, two far-reaching changes were made to two means of appeal, basic for civil proceedings, i.e. an appeal and a complaint

scholarly journals The Standards of Proof in Medical Malpractice Cases

2020 ◽  
Vol 13 (2) ◽  
pp. 173-196
Author(s):  
Nina Cek
Keyword(s):  
Human Rights ◽  
Informed Consent ◽  
Legal System ◽  
Medical Error ◽  
Medical Malpractice ◽  
Civil Proceedings ◽  
Standards Of Proof ◽  
Evaluation Of Evidence ◽  
Procedural Aspect ◽  
The Eu

The article examines the procedural aspect of medical malpractice cases. It focuses on the differences in proof standards by first explaining the characteristics of the Slovenian legal system and then comparing it with German and English legal systems. The author sheds light on the EU court's approach on the question of the responsibility of the manufacturer for the product (vaccine) and suggests the direction to use a broader framework for the evaluation of evidence and presumptions. Given the disclosed problems of proving through a medical expert's help, the article emphasizes the importance of respect for human rights in civil proceedings. Particular emphasis is also placed on no-fault systems. The question is raised of how introducing such a system into the Slovenian legal system would affect the perceived problem of proving a medical error and informed consent omission.

scholarly journals Results of the Procedural Reform of the Corporate Dispute Resolution Procedure

2020 ◽  
Vol 11 ◽  
pp. 49-51
Author(s):  
Evgeniy S. Razdyakonov ◽  
◽  
Igor N. Tarasov ◽  
Keyword(s):  
Dispute Resolution ◽  
Civil Procedure ◽  
Procedure Code ◽  
Civil Proceedings ◽  
General Part ◽  
Procedural Reform

The article examines some of the results of the procedural reform in terms of the resolution of corporate disputes by courts. The authors formulated four main theses that reflect the essence of this reform: the division of competence in corporate disputes between courts of general jurisdiction and arbitration courts, the expansion of the arbitrability of corporate disputes, the implementation of the principle of one-time consideration of a corporate dispute, the consolidation of new subjects of civil proceedings in corporate disputes not named in the general part of the Commercial Procedure Code of the RF and the Code of Civil Procedure of the RF.

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