Civil Procedure of the Trial Court in Historical Perspective

1953 ◽  
Vol 41 (1) ◽  
pp. 154
Author(s):  
Stefan A. Riesenfeld ◽  
Robert Wyness Millar
1953 ◽  
Vol 66 (8) ◽  
pp. 1540
Author(s):  
Philip B. Kurland ◽  
Robert Wyness Millar

1953 ◽  
Vol 101 (7) ◽  
pp. 1090
Author(s):  
Roy W. McDonald ◽  
Robert Wyness Millar

1953 ◽  
Vol 39 (5) ◽  
pp. 724
Author(s):  
Lindsey Cowen ◽  
Robert Wyness Millar

2016 ◽  
pp. 117-128
Author(s):  
Monika Dziewulska

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.


2017 ◽  
Vol 1 (28) ◽  
pp. 41-49
Author(s):  
Hong Kim Nguyen ◽  
Ha Nam Nguyen

This study focuses on analyzing and evaluating current application of the provisions of The Civil Procedure Code 2015 in  procuracy operation for court of first instance to commercial business cases in The People’s Procuracy in Vinh Long Province. On that basis, we proposed specific recommendations to contributing to the completion of the provisions of the Civil Procedure Code 2015 on procuracy for trial court to business cases, including: 1) Provisions on the return of the petition; 2) Provisions on handling business cases; 3) Provisions on preparatory work for first-instance court of commercial business cases; 4) Provisions on firstinstance court; 5) Provisions on the judgments and decisions of the Court; 6) Provisions on the right of protest of the Procuracy.


Author(s):  
Adil Alibekov ◽  
Maryna Yunina

In the article the authors gives comparative characteristics for various forms of prosecutor’s participation in civil proceedings of the Republic of Kazakhstan and Ukraine. A conclusion became a research result that both in Kazakhstan and in Ukraine the organs of office of public prosecutor play a considerable role providing of protection of legal rights and interests of citizens and state. A representative office of interests of citizens and state a public prosecutor in a court is by the major guarantee of realization of constitutional right of defence of rights and interests of all participants of legal relationships. It is set during research, that a representative office in a court is possible the public prosecutor of interests of citizens and state in forms and on the grounds set by a legislation. The legislation of Kazakhstan allows to participate to the public prosecutor in civil procedure in next forms: realization of higher supervision after legality of judicial acts that inured; behavior is with a statement (by a lawsuit); presentation of conclusion and solicitors in relation to judicial acts, that did not inure, entering of public prosecutor into a process in quality of defendant or third person. What touches the legislation of Ukraine, then the forms of participation of public prosecutor in civil procedure are: address to the court with the point of claim; participating in consideration of businesses, realization after that it is begun both on a lawsuit a public prosecutor and after the points of claim of other persons; an appeal is in the appellate and appeal order of businesses that were considered in a trial court; idea of statement about the judicial second thought in connection with new and by exceptional circum-stances.


2019 ◽  
Vol 81 ◽  
pp. 247-266
Author(s):  
Kinga Flaga-Gieruszyńska

The text discusses the problem of mandatory representation by a lawyer as one of the legal solutions that are crucial for access to courts. The starting point for the author’s deliberations is the analysis of the institution of legal aid of a professional representative in litigation, which – along with other constructions – constitutes a guarantee of effective implementation of the right to court in civil matters. Against the background of these considerations, the author presents the construction of mandatory representation by a lawyer in the Polish legal system, with particular emphasis on its subjective and objective scope. These considerations are complemented by de lege ferenda conclusions, relating, among other things, to projects considered in the Polish doctrine concerning the extension of the scope of application of mandatory representation to proceedings before the court of second instance.


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