Udział biegłego w postępowaniu egzekucyjnym w sytuacji określonej w art . 853 k.p.c.– zagadnienia wybrane w ujęciu historycznym

2016 ◽  
pp. 117-128
Author(s):  
Monika Dziewulska
Keyword(s):  
Historical Perspective ◽  
Civil Procedure ◽  
Court Expert ◽  
Current Code ◽  
Made In

The author explains the institution of a court expert in enforcement proceedings, describing problems in historical perspective, primarily referring to the regulations contained in the Code of Civil Procedure of 1932. Particular attention is given to the regulations contained in Article 853 of the current Code of Civil Procedure, by submitting proposals under at the legislature for the introduction of the obligation probable allegations made in the complaint to estimate the movables of the debtor or creditor as well as the need for the appointment of an expert by a bailiff if the bailiff does not have knowledge in a particular field and can not independently make estimates.

scholarly journals The Slow March toward Rapid Phenotypic Antimicrobial Susceptibility Testing: Are We There Yet?

2018 ◽  
Vol 56 (4) ◽  
pp. e01999-17 ◽  
Author(s):  
Christopher D. Doern
Keyword(s):  
Antimicrobial Susceptibility ◽  
Rapid Growth ◽  
Gold Standard ◽  
Historical Perspective ◽  
Susceptibility Testing ◽  
Turnaround Time ◽  
Antimicrobial Susceptibility Testing ◽  
Standard Methods ◽  
Phenotypic Susceptibility ◽  
Made In

ABSTRACT Antimicrobial susceptibility testing (AST) provides critical information for the management of patients with infections. The gold standard methods for assessing organism susceptibility are still based on growth and require incubation over relatively long periods of time. Until now, little progress has been made in developing rapid, growth-based, phenotypic AST systems. This commentary puts the recently FDA-cleared Accelerate PhenoTest (P. Pancholi et al., J Clin Microbiol 56:e01329-17, 2018, https://doi.org/10.1128/JCM.01329-17) in context by providing a historical perspective on attempts to accelerate phenotypic susceptibility results. In addition, some promising new innovations that promise to shorten the turnaround time for phenotypic AST will be briefly reviewed.

scholarly journals World War I Through the Eyes of a Cavalryman: an Overview of the Diary Entries

2021 ◽  
Vol 3 (4) ◽  
pp. 50-57
Author(s):  
Elena Vladimirovna Fedotova
Keyword(s):  
World War I ◽  
Historical Perspective ◽  
First World War ◽  
World War ◽  
Historical Events ◽  
The First World War ◽  
Poetic Text ◽  
First World ◽  
Made In

The work is devoted to the analysis of the field diaries of the participant of the First World War V.D. Efremov (1890–1978), a native of the Chuvash village of Ilyutkino, Staro-Maksimkinskaya volost, Chistopol district, Kazan province. The purpose of the research is to study the document in the context of historical events and introduce them into scientific use. The work is based on the author's field materials. The document is analyzed from a historical perspective. At the same time, in this work, the author turns to ethnographic and literary approaches. V.D. Efremov (1890–1978) – cavalryman of the 5th squadron of the 14th Dragoon Little Russian regiment. His diary entries were made in Russian in 1915 on the territory of Belarus. The value of this document lies in the fact that it represents the records made during the hostilities themselves. There is not so much evidence of this kind in Russian historiography. The records allow us to trace the movement of a soldier for more than six months and his perception of military events. Interesting in the diary is a poetic text in the Chuvash language, the author of which is K.D. Efremov, brother of a soldier. The song is filled with philosophical content and was written in the folklore traditions of the Chuvash people.

Civil Procedure of the Trial Court in Historical Perspective

1953 ◽  
Vol 41 (1) ◽  
pp. 154
Author(s):  
Stefan A. Riesenfeld ◽  
Robert Wyness Millar
Keyword(s):  
Historical Perspective ◽  
Civil Procedure ◽  
Trial Court

scholarly journals Swedish alcohol and restaurant policy in the 1980s: A historical perspective

1994 ◽  
Vol 11 (2) ◽  
pp. 75-90 ◽  
Author(s):  
Maria Abrahamson
Keyword(s):  
Middle Class ◽  
Historical Perspective ◽  
Public Life ◽  
New Middle Class ◽  
Strict Control ◽  
Age Limits ◽  
Restrictive Legislation ◽  
The City ◽  
Beer Hall ◽  
Made In

This article discusses factors contributing to the rapid proliferation of restaurants in Sweden in the 1980s and to the current tension between restrictive legislation, legal praxis and public alcohol culture. Transformations in towns and in public life, the transition from modernity to post-modernity, the emergence of a new middle class and the redefinition of women's use of alcohol were among the important changes. Departures from the traditionally strict control of restaurants were made in the late '50s and in the early '60s. Competititon grew and Swedish restaurant culture loosened up. In the 1980s, the restrictive laws governing restaurants began to lose legitimacy. Legal praxis was applied in a more liberal spirit. The Stockholm Water Festival, which allowed central parts of the city to be transformed into a gigantic beer hall, is one example of this. As in many other countries, age limits have become almost the only actual restriction to the availability of alcohol. The aim of alcohol and especially restaurant policy today is on minimization of damage, not protection, as formerly.

Progress in our understanding of elementary particles

1964 ◽  
Vol 278 (1374) ◽  
pp. 416-424
Keyword(s):  
Elementary Particle ◽  
Particle Physics ◽  
Historical Perspective ◽  
Marked Contrast ◽  
Theoretical Understanding ◽  
Elementary Particle Physics ◽  
Experimental Side ◽  
Made In ◽  
Theoretical Developments ◽  
Theoretical Side

There is a very marked contrast between the rapid, almost explosive rate of progress in elementary-particle physics on the experimental side in the last years, and the situation on the theoretical side. As far as essentials go, very limited fundamental progress has been made in our theoretical understanding in the last decade, and I should therefore like to treat my subject in a broader historical perspective, broad enough to include some of the fundamental theoretical developments which have shaped our present vision, limited as it is, of the field of elementary-particle physics. I should, however, first remind you of the objects we talk about. We talk about things which can be grouped in four categories: the photons, the leptons, the mesons and the baryons. For simplicity I shall use the traditional terminology of calling them all particles, thus disregarding the distinctions which one would like to introduce when one goes a little deeper as has been done by Professor Weisskopf in his paper.

scholarly journals A ABSTRATIVIZAÇÃO DO CONTROLE DIFUSO DE CONSTITUCIONALIDADE NO ÂMBITO DO STF E A (IN)CONSTITUCIONALIDADE DOS ARTS. 525, §12º, 535, §5º, DO NOVO CÓDIGO DE PROCESSO CIVIL DE 2015

2019 ◽  
Vol 12 (1) ◽  
Author(s):  
AMARO BANDEIRA DE ARAUJO JÚNIOR
Keyword(s):  
Supreme Court ◽  
Civil Procedure ◽  
Constitutional Court ◽  
Normative Force ◽  
Rational Control ◽  
Procedural Safeguards ◽  
Federal Supreme ◽  
Made In

RESUMO  Os novos influxos relativos à abstrativização do controle difuso de constitucionalidade na jurisprudência do Supremo Tribunal Federal aliado aos dispositivos inseridos no novo Código de Processo Civil, em especial a norma insculpida no art. 525, §12º, revelam uma força normativa desproporcional legalmente fixada aos precedentes judiciais oriundos da Corte Constitucional brasileira que podem levar à violação das garantias constitucionais processuais. O presente trabalho intenta analisar a inconstitucionalidade do nóvel dispositivo processual, ao mesmo tempo em que busca realizar uma análise sobre o espectro possível de limitações hermenêuticas, para além daqueles tradicionalmente aplicados, que podem ser utilizadas para um controle racional mínimo dos fundamentos dos precedentes judiciais vinculantes oriundos das decisões tomadas em controle difuso de constitucionalidade pelo STF.  Palavras-Chave: Abstrativização. Controle difuso. Constitucionalidade. Garantias processuais. Execução. Hermenêutica. Coisa julgada.   ABSTRACT  The new influxes related to the abstractivization of the diffuse control of constitutionality in the jurisprudence of the Federal Supreme Court, combined with the provisions inserted in the new Code of Civil Procedure, especially the norm inscribed in art. 525, paragraph 12, reveal a disproportionate normative force legally fixed to judicial precedents from the Brazilian Constitutional Court that may lead to violation of constitutional procedural guarantees. The present work tries to analyze the unconstitutionality of the new procedural device, at the same time as it seeks to perform an analysis on the possible spectrum of hermeneutical limitations, beyond those traditionally applied, that can be used for a minimal rational control of the grounds of the binding legal precedents stemming from the decisions made in diffuse control of constitutionality by the STF.  Keywords: Abstractivization. Diffuse control. Constitutionality. Procedural safeguards. Execution. Hermeneutics. Thing judged.  

scholarly journals Intermediate Appellate Review of Commercial Law Decisions in Turkey

2014 ◽  
Vol 4 (1) ◽  
pp. 59-71
Author(s):  
Berna Tepe
Keyword(s):  
Present Article ◽  
Judicial Review ◽  
Civil Procedure ◽  
Court Decision ◽  
Private Law ◽  
Legal Systems ◽  
Commercial Law ◽  
Made In

The judiciary in Turkey is still preparing for the expected intermediate appellate review (istinaf) mechanism in Turkey although the official date for its functioning is yet to be specified. Under Turkish law, a first instance court decision can be appealed not because an assertion or a claim is rejected, but due to a substantive or procedural norm of law which should have been applied during the proceedings in an accurate manner. The scope of such review also covers the suitability of the first instance court’s decision. There are nonfunctional aspects to the judicial review as specified in the 2011 Code of Civil Procedure of which a major column of novelties consist of the suspended mechanism of dual appellate review. However, the 2011 Code of Civil Procedure regulates the intermediate appellate review as a series of procedural acts and steps. The reasons to appeal a first instance court’s decision can rather be deduced from the provisions of 2011 Code of Civil Procedure. In order to structure the reasons and stages of the intermediate appellate review in Turkey, a distinction is made in the present article between (i) review over the appeal’s conditions of admissibility, (ii) review of the decision’s legality, (iii) review of the decision’s legitimacy. Rationally, the reasons for intermediate appellate review should be construed as to accomodate at least the grounds for higher appellate review as well as the extraordinary judiciary review. As different areas of private law are based on different principles, it is noteworthy that cases referred to herein pertain to commercial law. Finally, due to the parallelism between the Turkish and the French legal systems, references to decisions given by the French jurisdiction on commercial matters are made throughout the present article. 

scholarly journals DOWODY Z DOKUMENTÓW POŚWIADCZONYCH ZA ZGODNOŚĆ Z ORYGINAŁEM PRZEZ PROFESJONALNEGO PEŁNOMOCNIKA W POSTĘPOWANIU W SPRAWIE O WPIS W KRAJOWYM REJESTRZE SĄDOWYM

2016 ◽  
Vol 13 (3) ◽  
pp. 165
Author(s):  
Mariusz Stanik
Keyword(s):  
National Court ◽  
Civil Procedure ◽  
The State ◽  
Documentary Evidence ◽  
Legal Representative ◽  
Procedure Code ◽  
Made In

DOCUMENTARY EVIDENCE CERTIFIED AS TRUE BY A PROFESSIONAL PROXY IN PROCEEDINGS FOR AN ENTRY IN THE NATIONAL COURT REGISTER Summary The article concerns the acceptable form of documentary evidence in proceedings for an entry in the Polish National Court Register, in particular whether as of 1 January 2010 it is permissible to attach documents certified as true copies by the proxy appearing in the case, that is an attorney, legal representative, or attorney of the Polish State Treasury Office, to applications for entry in the Register. The analysis of this issue examines the provisions of Art. 129 § 3 and Art. 6944 § 1 of the Polish Civil Procedure Code, including an analysis of the relation between these provisions. In conclusion the author observes that despite the fact that there is a lex generalis ‒ lex specialis relations between Art. 129 § 3 and Art. 6944 § 1 of the Code, the principle of lex specialis derogat legi generali does not apply. Consequently, in the proceedings for entry in the Register there are no legal obstacles for the submission of documents on the basis of which entries are to be made in the Register, in the form of copies or transcripts certified as a true copy by the acting proxy (attorney, legal representative, or attorney of the State Treasury Office) of the party to such proceedings.

Civil Procedure of the Trial Court in Historical Perspective

1953 ◽  
Vol 66 (8) ◽  
pp. 1540
Author(s):  
Philip B. Kurland ◽  
Robert Wyness Millar
Keyword(s):  
Historical Perspective ◽  
Civil Procedure ◽  
Trial Court
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