The court’s assessment of the subject matter and grounds of a conditional claim for the application of the jura novit curia principle
The purpose of the article is to develop ways to ensure effective protection of a person’s property right by the courts by means of evaluation of the subject matter and grounds of the conditional claim for application of the principle jura novit curia.
Подобные документы
The purpose of this study is to analyse the judgments of the European Court of Human Rights, aimed at determining the content of the evaluative features in the context of human rights. For this purpose, the author uses the methods of legal literature.
статья, добавлен 20.09.2024Study of regulation based on the case law of the Supreme Court, as one of the most effective bodies in ensuring proper balance of interests of the individual and the state, which forms the methodological basis of human rights protection mechanism
статья, добавлен 15.01.2023A feature of non-compliance or partial compliance with the principle of equality. Analysis of the gradual strengthening of control over the observance of the principle of equality, even if the Constitutional Council refuses to recognize it as such.
статья, добавлен 22.09.2022Analysis of the method of limiting property rights based on the provisions of the Constitution of the Republic of Poland. Addition of Chapter XIa "Threat to State Security" to the Constitution. Grounds for seizure of assets by the State Treasury.
статья, добавлен 16.04.2023- 105. Theoretical and legal substantiation of the realization of the rule of law by an attorney at law
Theoretical analysis of the impact of the rule of law principle on the functioning of the bar in Ukraine. Analysis of theoretical approaches to the structural elements of the rule of law principle from the perspective of an attorney-at-law's activities.
статья, добавлен 07.05.2023 The purpose of the article is to analyze the constitutional and sectoral aspects of the realization of the right to free legal aid. Also defined in the article the optimal subject of administration of the system of free secondary legal aid in Ukraine.
статья, добавлен 22.01.2024Practical and theoretical aspects of ensuring the inviolability of land as an integral component of land ownership relations. Regulation of the protection of inviolability of property by current legal norms and the need to implement these provisions.
статья, добавлен 24.02.2024The study is to identify gaps in legislation governing spouses’ property relations and to determine their impact on securing the enjoyment and protection of their property rights. Various methods of scientific knowledge were used in the research.
статья, добавлен 16.08.2022Within the framework of study, the categories “unity” and “sustainability” of judicial practice as a subject of provision by the Supreme Court was carried out. The study considers the procedural order for the Supreme Court to deviate from the conclusion.
статья, добавлен 09.09.2021Analysis of the relationship between the principle of proportionality and the principle of the rule of law in the regulation of tax relations. Ensuring the realization of the balance of interests. Reflecting the contract between society and the state.
статья, добавлен 31.01.2024Depending on the specific circumstances, it is difficult to determine whether the requirements for the exercise of property rights are met. In this regard, legal certainty is contained in the fundamental precedents of the European Court of Human Rights.
статья, добавлен 12.06.2022Established that rights of civil servants of the Court Security Service during martial law are specified through powers granted to them. Examines that in conditions of martial law, a person's constitutional right to judicial protection cannot be limited.
статья, добавлен 19.03.2024A view of the category of institutional capacity in modern society and its main indicators. The concept of the institutional capacity of Constitutional Court of Ukraine. Its role for national development. Principle of the integrity of judges of the Court.
статья, добавлен 24.07.2022The principle of recognition of Ukrainian victims of war crimes committed in Ukraine by the Russian military. Ways to carry out punishment. Request for jurisdiction of the International Court. Modalities for the implementation of the status of victims.
статья, добавлен 10.10.2024Principles of application of consolidation of claim in international investment dispute. A brief comparison of legal tests of consolidation in international commercial arbitration and international investment arbitration, with a focus on the latter one.
статья, добавлен 07.10.2018Analysis of the mechanism of international legal protection of the right to health, which relates to the "positive" obligation, duty of "due diligence" of states. Description of the relationship between patients ' rights, the principle of free informed.
статья, добавлен 27.01.2023Studying the elimination of unfair contractual practices, preventing the abuse of intellectual property in the construction industry. Analysis of such forms of protection as: self-defense and protection within the framework of judicial jurisdiction.
статья, добавлен 31.08.2018Comparative constitutional interpretation method in the practice of constitutional court of Ukraine as a feature of constitutionalism transnationalization. Application of decisions of foreign courts in the practice of the Constitutional Court of Ukraine.
статья, добавлен 23.03.2021General characteristics of crimes against property under the US Criminal Law: robbery, theft, robbery. Getting to know the most effective ways to prevent property. Petty theft as a misdemeanor, which includes the theft of something of little value.
статья, добавлен 05.02.2019International principles used in dispute resolution: justice, equality, non-discrimination, evolutionary interpretation, proportionality, legal certainty, rule of law. Their application in Ukrainian court cases before the European Court of Human Rights.
статья, добавлен 24.07.2022The essence of the European Small Claims Procedure. The first stage o f the procedure. Consideration of the case by the court. Execution of the judgement, review of the case. Ukraine and the European Small Claims Procedure. The problem of translation.
статья, добавлен 30.01.2022The consolidation of the principle of supremacy in international documents. The rule of law at the international level, the rule of law in the context of conflict and post-conflict situations, and the rule of law in the context of long-term development.
статья, добавлен 10.08.2022Study of the system of legal means to ensure the unity of judicial practice. Overview of the theoretical provisions that determine the socio-legal value of the unity of law enforcement practice. Methodological remarks on the unity of judicial practise.
статья, добавлен 07.09.2021Application of scenarios in public administration (PA) can ensure the sustainable development of the social system (system) and contribute to the necessary changes in a complex and dynamic environment. The archetype-based scenario becomes attractive.
статья, добавлен 16.08.2022A study by the international private law family legal issues arising from surrogacy. Application of the principle of the best interests of the child. The need for dialogue between countries of origin and host countries associated with surrogacy.
статья, добавлен 28.12.2017