Academic literature on the topic 'Parties in civil proceedings'
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Journal articles on the topic "Parties in civil proceedings"
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Pavlova, Margarita. "Delimitation and Correlation of Civil and Administrative Legal Proceedings: Qualification Problems and Criteria." Lex localis - Journal of Local Self-Government 18, no. 2 (2020): 335–48. http://dx.doi.org/10.4335/18.2.335-348(2020).
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This article is devoted to the problem of delimitation and correlation of civil and administrative manners of proceeding. The purpose of the research is to define clear criteria to delimit the civil and administrative legal proceedings to increase the efficiency of civil and administrative legislation regulations when solving disputes connected with the violation of rights, liberties and legitimate interests of an individual. The said is based on the hypothesis that the scope of public-administrative relations is wider than the scope of relations that are governed by the norms of administrative law. Classification problem in the study is considered in the context of defining proceeding manners (administrative or civil). Besides, the cases of courts of general jurisdiction have served as a research base. The author suggests some criteria models for delimiting administrative and civil court proceedings by the legal classification between the parties as well as by the suit character of stated claims. The latter in the future might lead to the formation of new, more accurate methods of applying administrative norms and a reduction in the number of precedents for incorrect proceedings.
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Izarova, I. "ELI-UNIDROIT MODEL EUROPEAN RULES OF CIVIL PROCEDURE." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 117 (2021): 24–29. http://dx.doi.org/10.17721/1728-2195/2021/2.117-5.
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This article provides a general analysis of the Model European Rules of Civil Procedure established in 2020 (hereinafter – the Rules). It describes their structure, defines the purpose and goals, main principles. The author comes to the conclusions regarding the role and importance of these Rules for the further development of civil proceedings, both in the EU Member States and in other countries, in particular, in Ukraine. The important role of the unification of the terminology of civil procedure is identified. In particular, we are talking about such specific institutions of civil procedural law as the principle of cooperation between a judge and parties, the principle of settlement, case management and others, which are absent in Ukrainian national legislation, nevertheless, very important for the scholar research. Second, the scope and main principles of the Rules require rethinking of traditional approaches to regulating the relationship between a judge, parties and their representatives, as well as the role of a judge in proceedings, new approaches to the phasing of court proceedings and the differentiation of civil procedure, which should be helpful while further development of the civil procedural legislation in Ukraine. Keywords: access to justice; civil proceedings; dispute settlement; the principle of cooperation between a judge and parties; the principle of proportionality; effective protection of rights.
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Ilyichev, P. A. "Ensuring Good Faith in Arbitration Proceedings." Actual Problems of Russian Law, no. 7 (July 1, 2018): 82–89. http://dx.doi.org/10.17803/1994-1471.2018.92.7.082-089.
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This article is devoted to some aspects of ensuring good faith in arbitration proceedings in civil cases within the framework of the arbitration procedure in terms of securing rights and legitimate interests of third parties who are not parties to arbitration with due regard to the reform of the arbitration courts law. The article analyzes the problem that takes place in law enforcement practice when parties involved in civil transactions to the detriment of rights and legally protected interests of third parties resort to arbitration proceedings and confirm an artificially created debt arising from a non-existing contractual obligation. On the basis of the scientific doctrine and jurisprudence analysis and with due regard to legal stances of the Supreme Court of the Russian Federation, the author proposes a set of measures aimed at preventing abuse of the right to arbitration proceedings, the content of which is reduced to the introduction of the principle of good faith directly into the norms of arbitration procedure legislation and an obligatory notarial form of the arbitration agreement when the cases are considered by arbitral tribunals set up by the parties to consider a dispute in question.
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Gołąb, Agnieszka. "Cassation Attorneys in the Polish Civil Proceedings." Studia Iuridica 81 (October 24, 2019): 302–19. http://dx.doi.org/10.5604/01.3001.0013.5476.
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The text presents selected issues concerning parties’ obligatory professional representation in Polish cassation proceedings. It depicts the present regulation against a historical and comparative background. As its shape kept evolving over the years, its premises have been regularly revisited in the course of a doctrinal discussion. In recent times especially one question came to prominence. It touches upon an idea to introduce a special group of legal representatives who would be endowed with an exclusive right to act in the proceedings before the Supreme Court. The text recreates historical background of this institution in the Polish law and juxtaposes it with the present state, taking into account the nature of cassation proceedings, as well as the prospects of introducing such a legal specialisation in the future.
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Korol, Denys. "Simplified Procedure in Civil Proceedings in Different European Countries: Comparing Study." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 225–28. http://dx.doi.org/10.36695/2219-5521.1.2020.45.
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In this article the simplified civil proceedings were analyzed as one of the most current discussion. Its characterization and difference from general action proceeding are debatable issues that need attention and in-depth study, especially in Ukraine, where the differentiation of action proceedings was first introduced in 2017.
 This background requires the comparing research of the doctrine and legislative of European countries such as Germany, Lithuania, Poland, Spain and France, which have been selected for comparison, as well as the European Small Claims Procedure, which has been in existence alongside national small dispute resolution procedures for over ten years.
 The most generalizable features that appear to be inherent in any simplification of court proceedings were studied, in particular, the time frames for simplified litigation, whether or not to hold hearings, the possibility of appeal and mandatory representation in these proceedings.
 In conclusion, it was noted that the elements of simplifying the procedure for small cases resolution in Ukraine and in other European countries generally coincide. Among the similarity there are the features of securing the right to an oral or public court hearing on the case, a certain limitation of the right to appeal the decision in the case, the absence of compulsory representation, even in the conditions of compulsory representation of the parties in court by a lawyer. At the same time, the lack of standardized forms of appeal to the court in the simplified procedure, as well as the approaches to the procedure of the choice of the procedure of the case - are excluded by the parties, both in the European Small Claims Procedure and in Germany, to the excluded right of a judge to decide this issue. how it is envisaged in Lithuania. It is useful to borrow, in our opinion, the experience of Spain and France, in which the collection of small debts is the responsibility of the bailiff and the notary. Thus, a comprehensive mechanism for dealing with small or small matters should be established and maintained in the state.
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Bantekas, Ilias. "EQUAL TREATMENT OF PARTIES IN INTERNATIONAL COMMERCIAL ARBITRATION." International and Comparative Law Quarterly 69, no. 4 (2020): 991–1011. http://dx.doi.org/10.1017/s0020589320000287.
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AbstractAlthough fair trial guarantees have always been recognised as constituting an integral aspect of international arbitral proceedings, this has largely been viewed through the lens of civil procedure rather than as a matter of public law and human rights. This state of affairs has further been compounded by the confidential nature of arbitration and the relative scarcity of set aside (annulment) proceedings before the courts of the seat of arbitration on the grounds of unequal treatment, and before human rights bodies such as the European Court of Human Rights. Moreover, it has always been difficult to reconcile contractual freedom and the advantages offered by arbitration with equal treatment and fair trial claims. This article demonstrates the existence of a set of general principles concerning the meaning and content of equal treatment, which are consistent with its commercial (and civil procedure) and human rights dimensions. The basis of this conclusion is Article 18 of the UNCITRAL Model Law on International Commercial Arbitration, as consistently interpreted and adapted by local laws and judgments, arbitral statutes and determinations by the European Court of Human Rights.
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SUKHOVA, Nadezhda V., and Faniya F. Chamaletdinova. "PASSIVE PROCEDURAL POSITION AND THE PROBLEM OF DISHONESTY OF THE PARTIES IN CIVIL PROCEEDINGS." Tyumen State University Herald. Social, Economic, and Law Research 6, no. 4 (2020): 172–91. http://dx.doi.org/10.21684/2411-7897-2020-6-4-172-191.
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This article examines the approach of legal science and law enforcement to the issue of abuse of rights. The authors emphasize that the reform of procedural legislation in the first two decades of the 21st century corresponds to the tendencies of internationalization of the civil process, within the framework of which the principle of accessibility of justice in its true understanding as a legal value is concretized. In this sense, the authors state that the abuse of the right to sue is one of the most important problems of civil procedural law, requiring a solution in order to increase the fairness and efficiency of national legal proceedings. The analysis of a passive procedural position is carried out in the path of abuse of law. The authors acknowledge that, in connection with the COVID-19 pandemic, the need to severely punish dishonesty of the parties in court in order to promote good faith in civil proceedings is a response to the established jurisprudence. In addition, this article draws attention to the fact that the most important problems today are related to the improvement of mechanisms for encouraging the execution of procedural laws and rules of civil proceedings, and not just the system of punishment for dishonest behavior. This formulation of the practical problem determines the research methodology. According to the authors, the solution of serious problems associated with the dishonesty of the parties should be based not only on a theoretical (and monistic) approach, but on a pluralistic and communicative approach. And in this sense, this study is new. This article concludes that the failure of the procedural theory in the study of the phenomenon of abuse of rights and the explanation of conscientiousness in the civil proceedings is a fact of scientific development, subject to methodological research — a methodological assessment of this fact; the question arises about the essence of the phenomenon; special purposes of civil procedure — the directions of development of procedural law inevitably give rise to their own legal interpretations, in particular, this is observed in the case of assessing the good faith in the judicial proceedings for purposes of other branches of law.
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Ciesliński, Marcin Mikołaj. "Aktualne problemy postępowania pojednawczego." Studia Iuridica 75 (October 23, 2018): 19–29. http://dx.doi.org/10.5604/01.3001.0012.6907.
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The text refers to the evolution and problems with interpretation of provisions of conciliatory court proceeding in Polish law. Conciliatory court proceeding is regulated by articles 184–186 KPC (The Civil Proceedings Code). Author considers the role of that institution and indicates that although there was not many amendments in above provision of law there was some important court decision relating to this proceeding. Also views of doctrine is still developing. Contemporary conciliatory court proceeding can be used to the all cases that could be terminated by agreement also these that are non-litigious proceedings. It should be noticed that in practice the main role of the conciliatory court proceedings is to interrupt the limitation period. However part of the subjects in civil procedure use the institution contrary to law. They are not interested in agreement but they want only to interrupt the limitation period multiple time to keep their claim. Such way of using conciliatory court proceeding should be treated as abuse of law. Author also shows how important is right classification of conciliatory court proceeding. It can even influence the proper learning process at University. Finally there are presented proposed amendments in law prepared in Government’s Draft of 27th November 2017 relating to the conciliatory court proceeding. Author assumes that conclusion of agreement in conciliatory court proceeding is proper way to finish dispute between the parties. It gives possibility to reduce costs, time and even make people to forget and reconcile animosity.
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Vasylieva-Shalamova, Zh, and I. Mamatiuk. "LEGISLATIVE REGULATION AND PRACTICAL IMPLEMENTATION OF SUMMARY PROCEEDING IN CIVIL LITIGATION." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 112 (2020): 12–17. http://dx.doi.org/10.17721/1728-2195/2020/1.112-2.
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As a result of the reform of the Ukrainian Civil Procedural Law in 2017, civil justice has undergone significant changes. That is, – courts of first instance may consider civil cases in a general proceeding or in a summary proceeding. The issue of legislative regulation and practical implementation of summary proceeding in civil litigation is in the focus of scientists and legal practitioners. To date, a separate Chapter 10 of Section III of the current Civil Procedure Code of Ukraine, which has the title – "Review of cases in summary proceedings” is devoted to a summary proceeding. This Chapter of the Civil Procedure Code of Ukraine determines the categories of cases to be considered in the procedure of summary proceedings, as well as the cases that cannot be considered in the procedure of summary proceeding, procedural features and the procedure for considering such cases. At the same time, there are a number of disadvantages that cause certain problems that negatively affect to the theoretical basis and practical aspect of summary proceeding implementation in civil litigation in the part of the normative consolidation of the summary proceeding in the Civil Procedure Code of Ukraine. Consequently, the issue of "minor cases" and the determination by courts of grounds for the consideration in summary proceeding of civil cases is the subject of our attention in this article. Particularly these issues concern the lack of legal definition of the concept of "minor cases" at the legislative level, as well as the lack of clear criteria for assigning a particular case to the category of "minor" ones. Special attention should be paid to the effectiveness of the introduction of so-called "cassational filters" for minor cases in the current Civil Procedure Code of Ukraine. The authors concluded that it is necessary to give a legitimate definition of the concept of minor cases and clear criteria for their definition as well as the fact that the institution of summary proceeding requires further improvement and development. So, it is considered appropriate to draw attention to motivating the courts` decisions, as well as wider application of the provisions of the principles of proportionality of civil judicial proceedings and cooperation between the parties and the court to ensure the realization of the main task – the effective protection of claimant`s violated rights.
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Magomedova, M. A., and A. D. Dzumatov. "RESPONSIBILITY FOR THE PARTIES AND THE THIRD PARTIES FOR GRANTING FALSE EXPLANATIONS IN CIVIL LEGAL PROCEEDINGS." Law Нerald of Dagestan State University 19, no. 3 (2016): 78–81. http://dx.doi.org/10.21779/2224-0241-2016-19-3-78-81.
Full textDissertations / Theses on the topic "Parties in civil proceedings"
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Prado, Bringas Rafael, and Valencia Orestes Francisco Zegarra. "Joinder and Intervention of Third Parties in the Civil Proceeding: Searching a New Approach." IUS ET VERITAS, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/123597.
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This article addresses the treatment of the joinder and the intervention of third parties in the Civil Procedure Code. The authors examines the procedural institutions for try provide the right interpretation of the procedure rules concerning to the material and get a true effective jurisdictional protection.<br>El presente artículo aborda el tratamiento que da el Código Procesal Civil al litisconsorcio e intervención de terceros. Los autores examinan las instituciones procesales para intentar brindar una correcta interpretación de las normas procesales referentes a la materia y, así conseguir una verdadera tutela jurisdiccional efectiva.
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Melo, Ricardo Procópio Bandeira de. "Partes no processo civil: conceito, posição jurídica e comportamento." Pontifícia Universidade Católica de São Paulo, 2009. https://tede2.pucsp.br/handle/handle/8420.
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Previous issue date: 2009-02-02<br>This thesis focuses on the study of parties in civil proceedings, in the face of the
institutes that revisits the theory of the process, with emphasis on procedural
assumptions, aiming to understand some of the different phenomena related to
those subject of the proceeding. The entire focus of the theme is based on a
conception genuinely procedural of the part. This allows better viewing of several
procedural institutes that have generated controversy in its theoretical
understanding and practical application, as the representation, assistance, the
succession of parties and the exceptional figure of extraordinary legitimacy, in
which is contained in the institute of the replacement procedural. The
methodology also promotes understanding of various positions that the parties
take in relation procedural. Also deals the conduct of the parties, with regard to
their duties, burdens and obligation, always taking on the ethics parameter,
seeking the effectiveness of court activity<br>Esta dissertação centra-se no estudo das partes no processo civil, em face do
que revisita institutos da teoria geral do processo, com ênfase nos pressupostos
processuais, objetivando compreender alguns dos diversos fenômenos ligados
aos referidos sujeitos do processo. Todo o enfoque do tema tem como
fundamento uma concepção genuinamente processual da parte. Isso permite
uma melhor visualização de vários institutos processuais que têm gerado
controvérsias na sua compreensão teórica e aplicação prática, como a
representação, a assistência, a sucessão das partes e a excepcional figura da
legitimação extraordinária, na qual está contido o instituto da substituição
processual. A metodologia também favorece a compreensão das posições
diversas que as partes assumem na relação processual. Aborda-se, ainda, o
comportamento das partes, no que toca aos seus deveres, ônus e obrigações,
sempre tendo por parâmetro a ética, visando à efetividade da atividade
jurisdicional
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Al, Alaween Kamal Abdel Rahim. "Questioning the functional framework for adding new parties to civil proceedings : a comparative study between Scottish rules of civil procedure and the United States federal rules of civil procedure." Thesis, University of Aberdeen, 2004. http://digitool.abdn.ac.uk/R?func=search-advanced-go&find_code1=WSN&request1=AAIU602068.
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This thesis discusses Scottish rules of civil procedure and the United States Federal rules of Civil Procedure relating to four mechanisms of adding new parties to the pending action in the light of certain basic interests. These devices are intervention, third party procedure, interpleader by way of counterclaim and, joinder of parties. The thesis aims to accomplish two basic objectives as follows. First, to identify whether coherence exists between Scottish and the United States Federal laws in respect of the procedural rules which regulate the process of adding new party to civil action. Second, on the basis of identifying whether there is coherence between Scottish and Federal rules underlying the rules for inclusion of additional parties, it aims to study these rules and criteria in the light of three vital interests which are involved in any case when a new party is added to the pending action; the interest of the absentee, the interest of the original parties, and the public interest. Mainly, this thesis addresses the question as to what extent the Scottish and Federal rules of civil procedure accord respect to the above-mentioned interests. There appears to be no existing comprehensive legal and theoretical evaluation that addresses the question as to whether the Scottish and the United States Federal rules for admitting additional parties further or inhibit the proposed balance between the above-mentioned interests appropriately. In addition, the very few comparative studies which address questions of civil procedure in general and comparative procedural law between Scottish and the United States Federal rules in particular, provide an additional backdrop to this research. It is argued that, for the most part, Scottish rules accord respect to the proposed balance of interests to a greater extent than does Federal rules of additional parties. The reasons that Federal rules of additional parties do not accord sufficient respect to the proposed balance of interests as outlined throughout this thesis are due to the following: (i) the categorization of intervention into two lands; intervention of right and permissive intervention (ii) The non-availability of third party procedure for a defender against some one who is liable to a pursuer (iii) Adopting a long process to assert third party procedure against some one who is already a party to the action, (iv) Permitting a defender to assert a remedy of interpleader against the original pursuer and non-parties in the original action which may extend the scope of the original action to include ancillary issues. However, it was argued that in relation to the mechanism "joinder of parties" and for the most part, both Scottish and the United States Federal rules intend to protect similar interests that have been already protected by other procedural vehicles. It is argued that this trend causes particular difficulties such as producing an overlap between the process of adding new parties and may result in anomalous results by giving the same matter different meanings.
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Cotton, John, and n/a. "The privilege against self-incrimination in civil proceedings between private parties in Australia and New Zealand : is derivative use immunity the answer?" University of Otago. Faculty of Law, 2007. http://adt.otago.ac.nz./public/adt-NZDU20070815.094307.
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This thesis addresses the problem of the privilege against self-incrimination ("the privilege") in civil proceedings between private parties in Australia and New Zealand. This problem has been recognised by judges, law reform bodies and legislators in both countries for twenty years. However, the legislative response has been inadequate.
The privilege is easily confused with other related concepts, particularly the right to silence in criminal proceedings. The reasons for the privilege in civil proceedings are not necessarily the same as for the right to silence. Care is therefore taken to define the terminology and scope of the thesis. It sets out the modern law on the privilege in civil proceedings between private parties. It describes how the privilege causes particular problems in those proceedings. It surveys the literature, finding that most of it concerns the right to silence.
The thesis draws heavily on the history of the privilege. It argues that, although witness privilege came from the common law, the privilege in interlocutory civil proceedings had its origins in the discretionary remedies devised by the courts of equity. They were sensitive to abuse of their remedies. For the same reason, modern prosecutors should not be encouraged to rely excessively upon evidence acquired through compulsory powers.
Derivative use immunity is one of several substitutes suggested for the privilege. The thesis looks at the various substitutes. It concludes that derivative use immunity is the only satisfactory substitute for the privilege in civil proceedings.
Derivative use immunity originated in the United States. The thesis looks closely at the American experience. The history and scope of the Fifth Amendment are discussed in detail, particularly the supposed removal of its protection from documents. This will show that the removal of the privilege from documents is not as simple as law reform bodies in Australia and New Zealand suggest.
Exaggerated claims have been made by Australian prosecutors about the problems caused by derivative use immunity. The claims are examined in the light of American case-law. This shows that an impossible burden is not imposed on prosecutors. The same point emerges when the thesis examines the operation of derivative use immunity under Australian certification procedures since 1995.
Particular procedural and legislative difficulties need to be addressed, particularly when derivative use immunity replaces the privilege in interlocutory proceedings. However, certification by the court has an important advantage. The court�s exercise of its discretion provides the flexibility which automatic statutory immunity lacks.
The question in the title is therefore answered in the affirmative. Derivative use immunity under a statutory certification procedure can provide the answer. Cooperation between the Commonwealth and States may be needed to overcome constitutional difficulties, but most other problems can be overcome if derivative use immunity is given a sound statutory basis.
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Jobert, Sylvain. "La connaissance des actes du procès civil par les parties." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020070.
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En procédure civile, la connaissance des actes du procès par les parties est essentielle ; des garanties importantes y sont attachées, à commencer par le respect du principe du contradictoire. Une difficulté se pose, toutefois : il est malaisé de déterminer si une partie a eu connaissance de l’acte qui lui a été communiqué. Toute la question est alors de savoir comment le droit s’accommode de cette difficulté. À cette fin, deux modèles contraires peuvent être dégagés. Dans le premier, formaliste, il est fait le choix de favoriser la connaissance des actes du procès par les parties en amont, pour pouvoir se désintéresser de leur connaissance effective en aval, tous les moyens ayant été mis en oeuvre pour y parvenir. Dans le second, réaliste, on se désintéresse de la façon dont les actes du procès sont portés à la connaissance des parties, mais, par la suite, on prête beaucoup d’intérêt à la connaissance que les parties en ont réellement eue. L’étude révèle que le droit du procès civil reposait initialement sur un modèle à dominante formaliste, mais que ce modèle a évolué, particulièrement au cours des dix dernières années. Sous l’influence des soucis contemporains de rationalisation des coûts de la justice et de protection accrue des droits fondamentaux des parties, le formalisme du droit du procès civil s’est tempéré. Faudrait-il qu’il le soit davantage ? Ce travail ne plaide ni pour la subversion du modèle classique, ni pour son rétablissement. Plutôt, c’est une évolution nuancée du droit qui est suggérée, proposant d’exalter le formalisme lorsque la sécurité juridique l’exige, sans renoncer à tirer profit de règles l’atténuant quand cela s’impose<br>In civil law procedures, the parties’ knowledge of the acts of the trial is essential; it guarantees that certain principles, such as the adversarial principle, will be respected. However, a difficulty arises: it is hard to determine whether a party has in fact become aware of the act which was communicated to him. The question is to determine whether the law can accept such a difficulty. To this end, two divergent models can be provided. In the formalistic one, the choice is made to favor the knowledge of the acts of the trial beforehand, in order to be able to become disinterested in their actual knowledge afterwards, all the means having been implemented to carry this out. In the realistic one, the way in which the acts of the trial are brought to the parties' attention is neglected, but thereafter, there is a resurgent focus on the knowledge the parties have genuinely had. The study reveals that the law of civil trial was initially based on a predominantly formalistic model, but this model has evolved, especially during the last decade. Under the influence of contemporary concerns in order to rationalize justice costs and increase the protection of the parties' fundamental rights, the formalism of civil lawsuit has been tempered. Should it be even more moderate? This work neither pleads for the subversion of the classical model nor for its reinstatement. Instead, it is a nuanced evolution of the law which is suggested. It suggests to promote formalism when legal certainty requires it, without sacrificing the benefit of lightening the rules when it is necessary
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Veyre, Liza. "La notion de partie en procédure civile." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D011.
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La notion de partie comportant de nombreuses incertitudes, tant théoriques que pratiques, l'objet de cette thèse est de proposer une approche renouvelée de cette notion, en ne recherchant pas seulement quels sont les critères de détermination de la qualité de partie mais aussi quelles sont les personnes ayant vocation à disposer de cette qualité procédurale, car beaucoup de problèmes entourant cette notion nécessitent de pouvoir répondre à cette dernière interrogation. Il est ressorti de cette étude que le respect du principe selon lequel nul ne peut être jugé sans avoir été mis en mesure de se défendre impose que toute personne susceptible d'être jugée ait la qualité de partie, et que, sauf exceptions, le respect du devoir de non-immixtion dans les affaires d'autrui et de l'objectif de bonne administration de la justice implique de ne pas octroyer la qualité de partie à d'autres personnes que celles susceptibles d'être jugées. Dès lors, nous avons pu vérifier si les personnes étant parties ou tiers étaient légitimes à l'être et proposer, lorsque tel n'était pas le cas, des solutions pour y remédier. En outre, en analysant à la lumière de l'approche centrée sur la vocation à être partie les divers cas posant des difficultés de qualification procédurale, nous avons pu démontrer que les catégories de tiers et de parties ne nécessitent pas d'être complétées de classifications intermédiaires. En revanche, étudier isolément chaque situation à l'aune de cette nouvelle approche a permis de faire en sorte, pour tous ces cas jusqu'alors incertains, que chaque personne dispose de la qualité procédurale et des prérogatives auxquelles elle pouvait légitimement prétendre<br>No English summary available
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Bianchi, Pedro Henrique Torres. "Substituição processual e coisa julgada no processo civil individual." Universidade de São Paulo, 2014. http://www.teses.usp.br/teses/disponiveis/2/2137/tde-11022015-132627/.
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A tese de doutorado trata da relação entre o instituto da substituição processual e o da coisa julgada, especialmente da eficácia ou não desta para aquele que foi substituído como parte no processo no processo civil de natureza individual. O tema ora discutido merece um tratamento atual, com a evolução da doutrina e dos institutos processuais. A doutrina majoritária sempre afirmou que a coisa julgada estende-se ao substituído porque ele é a parte material da discussão em litígio. Mais tímido é o questionamento jurisprudencial sobre essa questão. Poucas vezes os tribunais debruçaram-se sobre a possibilidade de a coisa julgada não se estender de forma automática ao substituído. Como essa clássica afirmação não satisfaz a todas as necessidades, alguns doutrinadores começaram a se questionar se essa fórmula estava correta. Alguns doutrinadores têm levantado que a proposta clássica da doutrina, de que a coisa julgada estende-se de forma automática para o substituído, não é suficiente para atender os ditames do contraditório e do due process of law. Como é exposto na tese, a extensão automática da coisa julgada ao substituído viola os princípios constitucionais do due process of law, contraditório, isonomia processual e inafastabilidade da tutela jurisdicional, e não tem amparo no ordenamento jurídico. A tese faz também uma abordagem no processo arbitral, especialmente porque são poucos aqueles que debruçaram seus estudos sobre o enfoque das peculiaridades sobre tal processo. Como é exposto, a tendência internacional, ao menos da Itália, Alemanha e Portugal, é a de estender a coisa julgada àqueles que não participaram de um litígio societário discutido em arbitragem, desde que lhes tenha sido dada a oportunidade de participar do processo arbitral. Há algumas questões que são enfrentadas, como a própria eficácia subjetiva de cláusulas compromissórias institucionais, o sigilo do procedimento arbitral e o critério de escolha dos árbitros. A primeira parte da tese aborda o conceito de substituição processual, a diferença com outros institutos, os limites dos atos do substituto e do substituído, os modelos de substituição processual e como esse fenômeno é tratado dentro da dinâmica do processo. A segunda parte aborda do conceito da coisa julgada e sua relação com a sua extensão subjetiva, bem como as razões constitucionais para que haja a sua limitação subjetiva. A terceira parte faz a conexão com o primeiro e o segundo capítulos, a fim de responder a questão a que a tese se propõe. É analisada a questão sob os princípios constitucionais referidos, em especial do contraditório. Em seguida, são analisados os argumentos que a doutrina utiliza para afirmar que a coisa julgada estende-se ao substituído e será feito um estudo crítico sobre cada fundamento. Após, é visto que a coisa julgada não pode estender-se de forma automática e indiscriminada ao substituído, e as consequências que essa afirmação tem, inclusive os limites de atuação quando o assistente é o titular da relação jurídica, enquanto a parte principal é o legitimado extraordinário.<br>The doctoral thesis considers the relationship between the principle of substitution of parties and the principle of res judicata, in particular the effectiveness or not thereof for the party substituted in an individual civil action. The topic discussed herein deserves an updated approach, since there have been changes in the opinion of jurists and in the principles of procedure. The prevailing opinion of jurists has always held that res judicata applies to the substituted party because it is the material party to the matter in dispute. The courts have been reluctant to challenge this view. Only rarely have they considered the possibility that res judicata may not automatically apply to the substituted party. But this standard assertion does not meet every need, and some jurists have started to question whether this formula is in fact correct. Some of them have suggested that the standard doctrine, which holds that res judicata automatically applies to the substituted party, is insufficient to meet the dictates of the adversary proceeding and the due process of law. The thesis argues that the automatic application of res judicata to the substituted party breaches the constitutional principles of the due process of law, adversary proceeding, procedural equality and non-obviation of judicial protection, and has no place in the legal framework. The dissertation also considers arbitration proceedings, which have their own peculiarities and have been afforded little study. It shows that the international trend, at least in Italy, Germany and Portugal, is to apply res judicata to those that have not participated in a corporate dispute submitted to arbitration, provided they have been given the opportunity to participate. A number of other issues are covered, such as the very subjective effectiveness of institutional arbitration clauses, the confidentiality of arbitration proceedings and the criteria for selecting arbitrators. The first part of the thesis addresses the concept of substitution of parties, the way in which this differs from other principles, limitations on the actions of the substitute and the substituted party, models of substitution of parties, and how this phenomenon is handled within the scope of the dynamics of a proceeding. The second part deals with the concept of res judicata and how broadly it is applied, as well as the constitutional reasons for its application to be limited. The third part makes the connection between the first two chapters, in order to answer the question posed by the dissertation. The issue is analyzed in the light of the aforementioned constitutional principles, especially the principle of adversary proceeding. Subsequently, the dissertation turns to the arguments used by the jurists to assert that res judicata is applicable to the substituted party, with a critical study of each of the arguments in favor of this assertion. The conclusion reached is that res judicata cannot be applied automatically and indiscriminately to the substituted party, and the consequences of this assertion are outlined, including the extent to which action is limited when the assistant is the party to the legal relationship, while the main party has extraordinary legal title to it.
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Kekelekis, Mihail K. "An analysis of the rights of notifying parties and third parties in EC merger proceedings." Thesis, University of Essex, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.343567.
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Gibbons, Susan M. C. "Subsequent use of documents disclosed in civil proceedings." Thesis, University of Oxford, 2002. http://ora.ox.ac.uk/objects/uuid:ff1dd09b-b699-4cae-8022-85459ac336c8.
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Rule 31.22 of the Civil Procedure Rules 1998 provides, as a general rule, that those who receive documents through disclosure during civil proceedings may use them only for the purpose of the proceedings at hand. The general rule is subject to three exceptions, and judges have discretion to authorise subsequent use for other purposes. However, the foundational presupposition underpinning CPR 31.22 is that subsequent use, generally speaking, is improper. The thesis has two primary aims: (1) to demonstrate that the rule governing subsequent use (as developed in the case law) is theoretically and practically flawed, and that maintaining a blanket, general rule against subsequent use is unsound in principle, unjust, and procedurally inefficient; and (2) to generate a normative and procedural framework suitable for reform. Part I outlines the content, origins and operation of CPR 31.22. Through historical analysis, it suggests that presumptively categorising as improper all forms of subsequent use beyond the original litigation contradicts traditional authority. By identifying and examining the three principal rationales said to justify the modern rule, it argues that none affords sound justification. By analysing the exceptions to the rule, including judicial discretion, it seeks to show that such measures are incapable of remedying the defects in the underlying rule. Part II attempts to formulate a theoretically defensible, procedurally viable model for reforming CPR 31.22. It suggests that the presumption against subsequent use should be abolished, and the law reoriented around two central norms: the harm principle and a balancing approach. It tests this theoretical model by applying it to seven paradigmatic categories of subsequent use. Finally, it outlines a possible structure for procedural reform.
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Albors-Llorens, Albertina. "Annulment proceedings before the European Court of Justice : restricted locus standi of private parties." Thesis, University of Cambridge, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.320980.
Full textBooks on the topic "Parties in civil proceedings"
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Milman, Fabio. Improbidade processual: Comportamento das partes e de seus procuradores no processo civil. Editora Forense, 2007.
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Üniversitesi, İstanbul Bilgi, ed. İstanbul asliye hukuk mahkemelerinde yargılama süreci: Taraflar, davalar ve işlayiş = Judical proceedings at İstanbul civil courts : parties, cases and process. İstanbul Bilgi Üniversitesi, 2009.
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Ghana Center for Democratic Development., ed. Democratic control of the military: Proceedings of a Workshop on "Democratic Control of the Military : Lessons from the U.S.A.". Ghana Center for Democratic Development, 2001.
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Canadian Society for Civil Engineering. Centennial Conference. Proceedings. Canadian Society for Civil Engineering = Société canadienne de génie civil, 1987.
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Court, Trinidad and Tobago Supreme. Civil proceedings rules 1998. Government of Trinidad and Tobago, 2007.
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Commission, Manitoba Law Reform. Class proceedings. Manitoba, Law Reform Commission, 1999.
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Valentine, B. J. A. C. Civil proceedings, the Supreme Court. SLS Legal Publications (NI), 1997.
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Law Reform Advisory Committee for Northern Ireland. Hearsay evidence in civil proceedings. H.M.S.O., 1996.
Find full textBook chapters on the topic "Parties in civil proceedings"
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Thuselt, Christian. "The Lebanese Civil War." In Lebanese Political Parties. Routledge, 2021. http://dx.doi.org/10.4324/9781003126232-3.
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Arceneaux, Craig L. "From Civil Society to Political Parties." In Democratic Latin America. Routledge, 2017. http://dx.doi.org/10.4324/9781315544991-8.
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Odmalm, Pontus. "Civil Society, Migrant Organisations and Political Parties." In Migration Policies and Political Participation. Palgrave Macmillan UK, 2005. http://dx.doi.org/10.1057/9780230512382_5.
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"PARTIES TO AND TITLE OF PROCEEDINGS." In Civil Procedure. Routledge-Cavendish, 2001. http://dx.doi.org/10.4324/9781843142133-33.
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"PARTIES TO AND TITLE OF PROCEEDINGS." In Civil Procedure. Routledge-Cavendish, 2012. http://dx.doi.org/10.4324/9781843145684-41.
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Macgregor, Lucilla, Charlotte Peacey, and Georgina Ridsdale. "20. Assessment of Costs Proceedings." In Civil Litigation. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780192844293.003.0020.
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This chapter focuses on the practical considerations and procedures involved in assessing costs once the litigation is concluded. The client must understand that, despite receiving a costs order in his favour, agreeing a liability to pay, or being ordered to pay costs, if the amount of costs cannot be agreed between the parties, then further proceedings and costs are incurred before a resolution is secured. The chapter covers detailed assessments of costs. It discusses the procedures for the assessment of costs and costs-only proceedings.
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Sime, Stuart. "19. Parties and Joinder." In A Practical Approach to Civil Procedure. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198858386.003.0019.
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This chapter first looks at the rules relating to different classes of party and then considers the rules governing multi-party litigation. Topics discussed include description of parties; particular classes of party; vexatious litigants; joinder; representative proceedings; representation of unascertained persons; intervention; consolidation; stakeholder claims; assignment; and group litigation.
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Sime, Stuart. "19. Parties and Joinder." In A Practical Approach to Civil Procedure. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198838593.003.0019.
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This chapter first looks at the rules relating to different classes of party and then considers the rules governing multi-party litigation. Topics discussed include description of parties; particular classes of party; vexatious litigants; joinder; representative proceedings; representation of unascertained persons; intervention; consolidation; stakeholder claims; assignment; and group litigation.
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Sime, Stuart. "19. Parties and Joinder." In A Practical Approach to Civil Procedure. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780192844521.003.0019.
Full textAbstract:
This chapter first looks at the rules relating to different classes of party and then considers the rules governing multi-party litigation. Topics discussed include description of parties; particular classes of party; vexatious litigants; joinder; representative proceedings; representation of unascertained persons; intervention; consolidation; stakeholder claims; assignment; and group litigation.
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Macgregor, Lucilla, Charlotte Peacey, and Georgina Ridsdale. "20. Assessment of Costs Proceedings." In Civil Litigation 2020-2021. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198858447.003.0020.
Full textAbstract:
This chapter focuses on the practical considerations and procedures involved in assessing costs once the litigation is concluded. The client must understand that, despite receiving a costs order in his favour, agreeing a liability to pay, or being ordered to pay costs, if the amount of costs cannot be agreed between the parties, then further proceedings and costs are incurred before a resolution is secured. The chapter covers detailed assessments of costs. It discusses the procedures for the assessment of costs and costs-only proceedings.
Conference papers on the topic "Parties in civil proceedings"
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Anil, Neethu Elsa, Reshma Kassim, and Sinu Philip Varghese. "Analysis of Compensation for Delay and Settlement of Disputes Clauses in CPWD Contract Guidelines." In International Web Conference in Civil Engineering for a Sustainable Planet. AIJR Publisher, 2021. http://dx.doi.org/10.21467/proceedings.112.9.
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The construction industry is an industry where multiple parties are involved in the completion of a project. Risks in the construction industry include both threats to and opportunities in a project. The majority of construction works in India are modeled on General Conditions of Contract (GCC) formulated by the Central Public Works Department (CPWD). Public Works Contracts have many limitations and are prone to disputes. This paper analyses clause 2, 5, and 25 of CPWD GCC 2020. They are clauses on compensation for the delay, time and extension for the delay, and settlement of disputes and arbitration. This paper aims to study the remedy for delay and disruption according to clauses in CPWD GCC and to make recommendations for optimal and effective contract management from the data collected through the survey. A questionnaire is prepared on these 3 clauses and the responses are analyzed and recommendations are made based on the responses collected.
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H D, Prashanth, Shishirakrishna S, and Jayakrishna Bhat D. "Study on VG-30 BC Mix by Partial Replacement of Cashew Nutshell Liquid for Rural Road." In International Web Conference in Civil Engineering for a Sustainable Planet. AIJR Publisher, 2021. http://dx.doi.org/10.21467/proceedings.112.68.
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A country's advancement for the most part relies upon the advancement of transportation of the nation. As Flexible pavement is significantly used in India, it is significant that means must be taken to expand the life of the bituminous mix. Flexible pavement is frequently exposed to issues like rutting, cracking, and other failures due to repeated traffic loads. In this paper, the main aim of the study is stabilization of bituminous mix with CNSL and comparing the results with the conventional bituminous mix. The material used for the present study is VG-30 grade bitumen, CNSL, Lime and Natural Coarse Aggregate. In this research study, the CNSL as a replacement to bitumen by 2%, 4% and 6% and finally the stability of the bituminous mix and stability of the partial replaced bitumen by CNSL are compared by conducting Marshal Stability test.From the experimental investigation it has been proved that 2% addition of CNSL gave better stability and the flow value was higher for addition of 4% CNSL when compared to conventional mix.
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Hariyanti, Hariyanti, Cecep Darmawan, and Iim Siti Masyitoh. "The Role of Political Parties in Building Loyalty Women Cadres through Political Education." In Proceedings of the Annual Civic Education Conference (ACEC 2018). Atlantis Press, 2018. http://dx.doi.org/10.2991/acec-18.2018.123.
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K.R, Bindhu, Abiya B, Hasna Haneef, Jinu David, and Justin Mathew Joseph. "Mechanical Properties of Concrete with Coconut Shell and Fibre as Additives." In International Web Conference in Civil Engineering for a Sustainable Planet. AIJR Publisher, 2021. http://dx.doi.org/10.21467/proceedings.112.39.
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Sustainability is a key in modern construction scenario. Even when the construction industry underwent a revolution in terms of equipment and materials used, the resultant impact on environment skyrocketed. This leads to the adoption of more sustainable approaches in construction like using coconut byproducts such as coconut fibre and shell as additives in concrete. Coconut fibre is abundantly available material which makes it a viable reinforcement material in concrete and the same goes for coconut shell which can be used as a partial replacement for conventional aggregate. This can further act as a new source of income for the coconut producers who get the benefit of the new demand generated by the construction industry. It is also an effective method of disposal of coconut husks and shells and thus reduces their negative impact on the environment. This project aims at studying the variation of strength of coconut fibre reinforced concrete (CFRC) with different percentages of coconut fibre (0.5%, 1%,1.5% and 2% by weight of cement), coconut shell aggregate concrete by replacing coarse aggregate with different percentages of coconut shell ( 15%, 30% and 45%) compared with that of conventional concrete. The optimum percentage of both fibres to be added and coconut shell to be used is determined by analyzing the strength aspects such as flexural, compressive and tensile strength. This project also includes the investigation on the mechanical properties of CFRC with coconut shell aggregate by incorporating coconut fibre and shell together in concrete matrix.
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S, Anjana, Diya Elizabeth Isaac, Neelanjana S, and Aswathy G. "Interlocking Pavement Tiles using RCA with Industrial Waste as Admixtures." In International Web Conference in Civil Engineering for a Sustainable Planet. AIJR Publisher, 2021. http://dx.doi.org/10.21467/proceedings.112.52.
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The unprecedented increase in construction and developmental activities in the current era brings with it many irreversible impacts on the environment. The major impacts being the depletion of natural resources and generation of an enormous quantity of Construction and Demolition (C&D) wastes. Hence it has become important to reuse and recycle C & D wastes generated. These wastes can be processed to obtain Recycled Concrete Aggregates (RCA), which can be used for producing recycled concrete. It was found that the strength of Recycled concrete matches with that of paver quality concrete. Therefore, the study aims at producing interlocking paver blocks by replacing the normal coarse aggregates in pavers by RCA along with fly ash as admixture, an industrial waste. Fly ash being a pozzolanic admixture is used in order to overcome the loss of strength due to the addition of RCA. In the present study, a 30% replacement of normal aggregates with RCA and 15% replacement of cement with fly ash in the mix was used as it was found to provide the optimum strength. A comparison of the important properties of paver blocks were conducted between normal concrete pavers, pavers with RCA replacement and pavers with RCA replacement and fly ash. It was found out from the study that Interlocking pavers with partial replacement of normal aggregates with RCA and fly ash obtained strength comparable to that of normal paver blocks. Hence these paver blocks can be used for laying of roads and can contribute towards a sustainable development.
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Хамдамова, Фируза. "РОЛЬ ГРАЖДАНСКОГО ОБЩЕСТВА В ДОСТИЖЕНИИ ЦЕЛЕЙ УСТОЙЧИВОГО РАЗВИТИЯ". У Proceedings of the XXIX International Scientific and Practical Conference. RS Global Sp. z O.O., 2021. http://dx.doi.org/10.31435/rsglobal_conf/25052021/7563.
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The article is devoted to the role of civil society in achieving the SDGs. The author notes that civil society institutions can play the role of initiators of social transformations, consultants, communicators, monitors and tools for strengthening partnerships both at the national and global levels, in the process of achieving the SDGs. At the same time, the article emphasizes the still insufficient level of civil society involvement in the achievement of the SDGs. The author provides an overview of the best practices in this area and makes proposals for activating civil society in the implementation of the SDGs. The goal is to determine the role and functions of civil society in achieving the SDGs, identify the main areas of activity, develop recommendations for enhancing the role of civil society in achieving the SDGs. Research methods - analysis of legal documents, review of best practices. Research results. - Civil society is a key partner in achieving all 17 sustainable development goals, but is not sufficiently involved in the processes of achieving the SDGs; - New forms of cooperation and interaction with civil society institutions should be introduced for their active involvement in the achievement of the SDGs; Conclusions. It is necessary to ensure the involvement of civil society institutions in all stages of the implementation of the SDGs - from the development of national action plans for achieving the SDGs to reporting. At the same time, it is important to strengthen the interaction not only between the state and the institutions of civil society, but the interaction between the institutions of civil society themselves, including through the creation of their coalitions.
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Hijran, Muhamad, Suwarma Al Muchtar, and Sunatra Ratnadi. "The Role of Political Parties in the Political Education of Party Cadres to Form Responsible Characters: Case study on the DPD Party Gerindra West Java." In Proceedings of the Annual Civic Education Conference (ACEC 2018). Atlantis Press, 2018. http://dx.doi.org/10.2991/acec-18.2018.139.
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Yu, G., X. Yan, H. Chen, C. Du, Y. Fu, and J. Zhang. "Performance comparison of Biological Aerated Filters packed with plolyurethane sponge and ceramic particles." In Proceedings of the International Conference on Civil, Architecture and Environmental Engineering (ICCAE2016). CRC Press/Balkema, 2017. http://dx.doi.org/10.1201/9781315116259-62.
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Zhai, Jinzhi, and Xinan Zhao. "Study on energy planning and partner selection problems in strategic alliances management of new energy industry." In Proceedings of the International Conference on Civil, Architecture and Environmental Engineering (ICCAE2016). CRC Press/Balkema, 2017. http://dx.doi.org/10.1201/9781315116242-45.
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Li, Ting, Xilin Zhang, Zhenhao Wang, Pengyu Zhang, and Yan Zhang. "Research and application of online monitoring and positioning systems for partial discharge of high-voltage cables." In Proceedings of the International Conference on Civil, Architecture and Environmental Engineering (ICCAE2016). CRC Press/Balkema, 2017. http://dx.doi.org/10.1201/9781315116242-61.
Full textReports on the topic "Parties in civil proceedings"
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Walsh, Alex, and Ben Hassine. Mediation and Peacebuilding in Tunisia: Actors and Practice. Institute of Development Studies (IDS), 2021. http://dx.doi.org/10.19088/k4d.2021.061.
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This Helpdesk Report is part mapping of the mediation and peacebuilding actors in Tunisia and part review of the available literature. There are a host of governmental and non-governmental organisations (NGOs) that are involved in the mediation of conflicts and peacebuilding, both in formal and informal ways. There is overlap in the principles and goals of peacebuilding and mediation; many organisations conduct both practices, intermingling them. Local, regional, national and international actors have applied mediation and peacebuilding to many different types of conflict in the past decade in Tunisia, involving varied parties. The case studies included in this rapid review cover conflicts relating to labour and the economy, the environment, basic services, constitutional/political disputes, and women’s rights. They involve local communities, the unemployed national and regional trade unions, civil society organisations (CSOs), national utility and mineral companies, and political parties.