Socrates. 2021, 1 (19)

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Browsing Socrates. 2021, 1 (19) by Subject "civilprocess"

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    Galveno interešu centru noteikšanas un izvērtēšanas problemātika fizisko personu pārrobežu maksātnespējas procesos
    (Rīga Stradiņš University, 2021) Eglīte, Inga; Joksts, Osvalds; Rīgas Stradiņa universitāte, Juridisko zinātņu doktora studiju programma, Latvija; Rīgas Stradiņa universitāte, Juridiskā fakultāte, Latvija
    The authors analyse how it is possibile in different ways to assess and study where the debtor’s main centre of interests is located and under what circumstances the opposite can be concluded. Compilation of misleading information by debtors, which may create a misleading impression of courts to determine the main centre of interest in Latvia, which allows a debtor – a natural person to go through the insolvency or a natural person under a more lenient procedure compared to the country where the debtor is true (GIC). Summarising these issues (GIC) will allow to identify and analyse the most common stumbling blocks in court decisions, and the need to introduce common practices in order not to create or at least reduce new precedents of similar nature.
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    Likumības princips civilprocesā: formālas lietu vešanas kārtības pamats civillietās
    (Rīga Stradiņš University, 2021) Kronis, Ivars; Rīgas Stradiņa universitāte, Juridiskā fakultāte, Latvija
    In the article, the author examines the matter of the expression and content of the principle of legality in civil procedure, more specifically focusing on the procedural and substantive problems of the principle of legality. Civil procedure is universal as a compulsory form of protection of subjective rights or, in other words, civil procedure is a procedure for compulsory exercise of civil rights, which is reduced to a set of norms that determine the type of actions of both existing legal protection institutions and persons who use this protection or are involved in it in any other way. Legality plays an important role in this regard. Legality means a state of life of the society which, firstly, has a legal framework, which is not logically contradictory and which generally meets the objective needs of this society and, secondly, natural and legal persons respect and follow the legal norms adopted. In civil procedure, this is not only a principle, but also one of the aims of legal proceedings. According to its content, the principle of legality includes, firstly, the requirement that the courts apply the norms of the substantive law correctly and carry out procedural actions in accordance with the legal norms; secondly, the requirement that other participants of the procedure comply with the procedural and substantive legal regulation when adjudicating and considering civil cases in court. Thus, the principle of legality includes procedural and substantive components. The aim of the article is, by analysing the moral-legal content of the principle of legality, to evaluate the aspects of its application. Material and methods used in the study for the empirical basis of the research include scientific works and collections of articles, publications in periodicals and primary sources, laws, internet resources, as well as other publicly available information. Analytical, inductive and deductive research methods have been used in the research.