Civil process

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2019-09-17 01:20:26

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In life there can be various situations in which a legal entity or a citizen may face the need to defend their rights. An interested person may initiate proceedings against those who challenged or violates his rights. Thus is formed a specific civil process in a particular case. It involves a court that has to resolve the conflict, the plaintiff (the person defending their rights), the defendant (accountable person). The procedure also involved other stakeholders, experts, witnesses, interpreters, etc.

The above definition characterizes civil procedure in its narrow sense. His specificity due to the presence of the court, time of holding it is limited by the actual framework. Participants in this individual, and relations between them are regulated by the legal rules applicable to one or the other situation.

Along with this there is a broader definition. Civil process in this sense is regarded as a social phenomenon. It is due to the need of society in protecting civil rights. The guarantor of judicial protection acts, the Constitution of the country.

Principles of civil procedure established by the law.

The Granting of judicial protection is carried out according to a certain order. In the Constitution this right is defined as administrative, civil, criminal and constitutional proceedings. The concept «proceedings» and «civil procedure" are identical. Both the concept is a first order consideration and resolution of cases. It is set by the rules and provisions of the civil procedure law. At the same time, should consider the proceedings as a part of justice. It, in turn, determine how the activities of the judiciary, which represents the settlement of specific issues and also how the application in accordance with the law of coercion by the state to certain persons. In this sense, the civil process should be called a set of procedural actions and relations, which are formed in their course, and are associated with the administration of justice. These actions commit the court (the authority to administer justice), and subjects who were brought to the consideration of the case.

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Proceedings, therefore, can be defined as the procedure of the act, as the rules established by law.

The Suit in the civil process served in order to actually start the proceedings. This action entails a number of other procedures.

The Judge can accept the case or refuse to initiate if it has legitimate grounds. On the basis of legal norms of the persons involved in the case, and the court also have the capabilities to carry out actions.

The Discovery of documents, the seizure of the possession of the defendant property, the filing of a complaint regarding a court ruling, the statement of allotment, appointment of examination, determination – these and other components make up the proceedings.

Procedural acts by themselves have certain characteristics. Thus, the law specifies their content, provides the possibility of omission or Commission. Implementation of measures in court proceedings is subject, as a rule, a specific sequence or comes from the logic, according to which the process evolves in a particular case. As a real result of the act is to create legal consequences. Thus, the filing of a claim means the inclusion in the proceedings of the plaintiff, defendant or third persons and the acquisition of relevant legislation rights in court proceedings.

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