Civil Law Effects of Conduct of Business Rules in Out-of-Court Proceedings

2020 ◽  
Vol 6 (1) ◽  
pp. 237-250
Author(s):  
Bernadette M Waluyo

The Indonesian Supreme Court, in response to the information era, modernizes the civil procedural rules at the district court level.  This is done by issuing Supreme Court Regulation no. 1 of 2019 re. Administration of Justice at Civil Law Courts and Electronic-Court Proceedings. Undoubtedly, modernization of existing rules on the administration of justice is much needed.  On the other hand, these changes may violate a number of procedural civil law principles.  The author argues, from a civil procedural law perspective, that the above Supreme Court regulation violates the basic principle of transparency of court proceedings and physical attendance at court proceedings. 


Author(s):  
Dewi Asri Yustia ◽  
Utari Dewi Fatimah ◽  
Leni Widi Mulyani

The form of corporate crime (business crime) in our research is the crime of investments with pyramid schemes, the initial concentration of the pyramid scheme is within the jurisdiction of civil law and economic law turns into a legal matter that enters the jurisdiction. This is because the company that develops the business does not have good faith in the management of the company (good governance) corporate crime settlement strategy in pyramid business which be done through penal mediation. Penal mediation may be made if the parties (offerors, offerees, and corporations) involved value each other and the results obtained in penal mediation, because the most important principle in penal mediation is the recognition of guilt and forgiveness by the injured party resulting from acts to achieve a win solution in the effort to bring responsibility for the perpetrator and the victim. In the criminal justice system at both level of investigation, prosecution and court proceedings there is a possibility of penal mediation by adhering to the principle of legal assurance, legal order and justice.


2021 ◽  
Vol 109 ◽  
pp. 01021
Author(s):  
Natalya Kvitsiniya ◽  
Elvira Osadchenko ◽  
Olesya Belova

The article is dedicated to the research of how information and telecommunication technologies are used in the legal procedure and of problems of development of e-justice in Russia. What is more, the topic of additional opportunities for the trial parties in civil law cases is covered as well. The authors have identified several problems connected to the development of e-justice and have suggested solutions, using video conferences in court proceedings. Recommendations are given in the article, as well as possible solutions to problems emerging in the process of development of e-justice in Russia.


2020 ◽  
Vol 13 (3) ◽  
pp. 303-319
Author(s):  
Andrzej Dziadzio

Opinions of the Professors and Doctors of the Faculty of Law of the Jagiellonian University as a Source for Research on the Application of the Napoleonic Code in the Free City of Krakow The article describes the consultative activities of the Professors and Doctors of the Faculty of Law of the Jagiellonian University in the years 1817–1833. On the basis of Article 15 of the 1815 Constitution of the Free City of Krakow, they examined whether it was admissible for the parties to the court proceedings to lodge a third instance appeals against the consistent decisions issued by both of the first instance court and the court of appeal. This was deemed to be possible if the judgements were found in violation of substantive civil law or important forms of court proceedings. I briefly describe the form of proceedings by the Faculty of Law, including the appointment of case clerks, the convening of meetings, and the procedure for passing resolutions. Based on extensive archival materials, stored in the Jagiellonian University Archives and the National Archive in Krakow, I reconstruct three such proceedings. They concerned provisions on the form of legal acts for evidence purposes (Article 1341 KN) and contracts with a private signature (Article 1325 KN), as well as a provision on matrimonial property relationships (Article 1443 KN). In the first case, the opinion of the Faculty of Law determined a correct line of jurisprudence, while in the second, its interpretation of the provision narrowed the code dimension of contract freedom and constrained the principle of pacta sunt servanda. The last opinion is an example of an incorrect interpretation of the Napoleonic Code.


10.12737/3464 ◽  
2014 ◽  
Vol 2 (5) ◽  
pp. 76-83
Author(s):  
Тихон Подшивалов ◽  
Tikhon Podshivalov

This article analyzes the legal nature of the action contesting the registered rights to real estate. This requirement is often stated in the court proceedings, but hasn’t unique classification. Author on the base of civil law and judicial practice doctrine consideration comes to the conclusion that to contest the registered rights to real estate it’s necessary to apply consequences of the invalidity of legal transaction in the form of return of real estate unit, and if the application of restitution is not possible, take an replevin action (if the plaintiff does not know the subject of the dispute ) or an action for recognition of ownership (if the plaintiff has retained ownership of the subject of dispute).


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