Nov 13

Civil Proceeding Law

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Several principles from the Civil Proceeding Law usual and often has been utilised in the Perdata Judicature. The principle are consist of:

  1. 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.
  2. 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.
  3. The judge must hear the two sides (Vide, the article 132a, 121 articles (2) HIR).
  4. 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.
  5. 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)
  6. There was no obligation to representative: sides was not obliged representative, but could also with his power (the Article 123
    HIR).

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