Development of the concept «civil procedural form» in Russia in the second half of the twentieth century
Автор: Alekseev A.A.
Журнал: Вестник Южно-Уральского государственного университета. Серия: Право @vestnik-susu-law
Рубрика: Проблемы и вопросы гражданского права
Статья в выпуске: 1 т.15, 2015 года.
Бесплатный доступ
The article is devoted to the history of the concept of "civil procedural form" in the second half of the twentieth century. Today, one of the main conditions for legality of the decision of the court in any civil case is a strict adherence to the procedural form, the legal nature and essence of which still do not have an unambiguous interpretation in science. The author analyzes the positions of various scholars concerning the meaning of "civil procedural form", as well as their positive and negative aspects. A plurality of views on the phenomenon in question resulted in the need to distinguish the two concepts of "procedural form" and "legal procedure". As a result, the author comes to the conclusion that with the passage of time, many aspects of civil procedural form became quite uniformly understood, and its use was limited to the court operations in civil cases.
Civil procedural form, legal procedure
Короткий адрес: https://sciup.org/147149970
IDR: 147149970