The appointment and perspectives of jurisdiction on the subject of the claim
Автор: Lubimova E.V.
Журнал: Вестник Пермского университета. Юридические науки @jurvestnik-psu
Рубрика: Гражданское право и процесс
Статья в выпуске: 2 (24), 2014 года.
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Introduction: In the article the author gives an account of rules of jurisdiction since 1864. Social class was criterion of jurisdiction and widely used until 1917, later transform, into the all-Union enterprises and in political parties. Author believer in the amount of the claim shall be excluded from the possible regulators distribution of cases between courts, since it is not related to the purpose of the rules on jurisdiction. Тhe consideration of the suit by the justice of peace gives only four features on the process, so haven not reason to believers this court closer to the community, considers small cases, obliged to bring the parties to the peaceful agreement. Purpose: Verification of compliance of rules of jurisdiction to their purpose. Methods: Used in the work of historical and comparative methods. In the analysis of criteria of jurisdiction of their correlation with the elements of the claim. Conclusions: The research identified that invariably the main criterion is the subject of the claim. The additional criteria were the price of the claim and the defendant, and subsequently the basis of the claim. The established the connection between jurisdiction and elements of the claim has reason to believe that jurisdiction is a attribute of the claim not just the court case.
Jurisdiction, а subject of the claim, price of the claim, justice of peace
Короткий адрес: https://sciup.org/147202390
IDR: 147202390