General characteristics of special proceeding

Август 20, 2022

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General characteristics of special proceeding

Содержание

2. Special proceedings as an independent type of civil proceedings originates in Roman law, which considered both
3. THE MAIN FEATURE OF ALL CASES COMBINED INTO ONE PRODUCTION IS THE ABSENCE OF A DISPUTE
4. THE TOPICALITY OF SPECIAL PROCEEDINGS IS DETERMINED BY ITS RELEVANCE IN CIVIL PROCEEDINGS.
5. The significance of special proceedings lies in the fact that during its course legal uncertainties and
6. Cases are considered in the order of special proceedings: on the establishment of facts of legal
7. Consideration of cases of special proceedings in court The procedure for considering cases of special proceedings
8. IN CONCLUSION, Cases of special proceedings are distinguished by the absence of a dispute over the
9. The function of special proceedings cases, as well as cases of other types of civil proceedings,
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Special proceedings as an independent type of civil proceedings originates in

Roman law, which considered both the claim proceedings related to a dispute about the law, and indisputable, voluntary proceedings in which subjective rights were not disputed.

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THE MAIN FEATURE OF ALL CASES COMBINED INTO ONE PRODUCTION IS

THE ABSENCE OF A DISPUTE ABOUT SUBJECTIVE LAW

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THE TOPICALITY OF SPECIAL PROCEEDINGS IS DETERMINED BY ITS RELEVANCE IN

CIVIL PROCEEDINGS.

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The significance of special proceedings lies in the fact that during

its course legal uncertainties and inaccuracies in relation to a diverse range of circumstances, actions or events are eliminated, as well as control over the legality of the activities of notary and registry offices, which ultimately contributes to the prevention of legal conflicts.

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Cases are considered in the order of special proceedings:
on the establishment

of facts of legal significance

about the adoption of a child

on the declaration of a minor fully capable (emancipation)

on the recognition of a citizen as missing or on the declaration of a citizen as deceased

on the restoration of rights on lost bearer securities or order securities

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Consideration of cases of special proceedings in court
The procedure for considering

cases of special proceedings includes all the usual stages of civil proceedings: initiation of the case, preparation of the case for trial, consideration of the case at a court hearing, appeal stages (appeal, cassation, supervision, review on new and newly discovered circumstances), execution of the act.

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