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Actual Problems of Determination Of The Objective Limits of the Prejudgment

Author

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  • Sergey P. Postylyakov

    (National Research University Higher School of Economics)

Abstract

The article deals with relevant problems of determination of the objective limits of the prejudgment using the prejudgment of the particular types of court rulings as an example. The author concludes that the concept of «circumstances» should be defined as facts and established on their basis legal relations. The author considers that the court orders, the judgments in absentia, the judgments of dismissal due to the approval of the settlement as well as the higher court rulings that verify legality of previous judgments not verifying validity should be excluded from the objective limits of the prejudgment. The author analyzes rules of the draft of the Civil Procedure Code of the Russian Federation of 2000 and comes to the conclusion that Article 61 of the current Civil Procedure Code of the Russian Federation requires to be amended.

Suggested Citation

  • Sergey P. Postylyakov, 2015. "Actual Problems of Determination Of The Objective Limits of the Prejudgment," HSE Working papers WP BRP 55/LAW/2015, National Research University Higher School of Economics.
    • Handle: RePEc:hig:wpaper:55/law/2015
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    More about this item

    Keywords

    prejudgment; civil procedure; objective limits; particular types of court rulings; Russian Federation;
    All these keywords.

    JEL classification:

    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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