Nov 13
Several principles from the Civil Proceeding Law usual and often has been utilised in the Perdata Judicature. The principle are consist of:
- The judge was waiting (passive):
- that interesting that put forward, the judge was waiting (the index ne procedat ex officio). (Vide, the article 118 HIR, 142 RBG).
- the Scope and the area of the subject of the dispute were determined by the sides.
- sides could end personally the dispute, whereas the judge not. (Vide, the article 130 HIR, 154 RBG).
- Justice obligatory tried all the lawsuit and was banned interrupted more than that was demanded. <Vide, the article 178 articles (2) and (3) HIR). (unlike criminal could be heavier).
- sides that must prove.
- The characteristics of the meeting opening
- the Session was open for the public
- If the decision was not read in front of the significant public illegal and could fail for the sake of
the law.
- The judge must hear the two sides (Vide, the article 132a, 121 articles (2) HIR).
- The decision was accompanied by reasons: must be accompanied by the decision reason (the article 315 HIR) if not then could the equal/the supreme court appeal.
- Civil Proceeding Law was put on the cost.
- Litigated was hit by the cost (the Article 121 articles (4), 182, 183 HIR).
- that could not, could be free/prodeo/probono (the Article 237 HIR)
- There was no obligation to representative: sides was not obliged representative, but could also with his power (the Article 123
HIR).



