Summary procedure in civil and commercial proceedings: unification or differentiation of statutory rules

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Author performed a comparative study of rules of‘documents only’ or summary proceedings set forth in the Civil Procedure Code of the Russian Federation and the Commercial (Arbitrazh) Procedure Code of the Russian Federation. The result evidences domination of the tendency for unification while some differentiating elements are retained due to by special subject rules of civil procedure and non-entrepreneurial status of its participants. Examples are found and put forward of both positive and negative aspects of the compared confronting vectors of development of this legal institute. Unification of the summary procedure in civil and commercial procedure makes it the multi-sectoral institute, facilitating consistent merger of the two areas of procedural law.

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Civil procedure, commercial procedure, civil proceedings, summary proceedings, unification of statutory regulation, differentiation of statutory regulation, uniform code of civil procedure

Короткий адрес: https://sciup.org/147228341

IDR: 147228341

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