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
?????? ???????? ?????????? ???? ??????? ???? ???????????? ???????? "Jura novit curia" ("??? ???? ??????") ?????????????? ??????. ???????????? ????????? ???????? ??????????, ?????????? ? ??????? ??? ????????? ???????? ????????? ???????? ???????????????.
??????, добавлен 21.09.2022?????????? ?????? ???????? jura novit curia ? ??????????? ???????? ???????. ??????????? ?????????????? ?????? ?? ??????? ??????? ? ??????? ???????? ??????. ???????????? ????? ?????????? ????? ?? ??????, ???? ? ????????? ??? ???????????? ???????? ??????.
??????, добавлен 30.08.2022The principle of res communis and its application on the lunar estate. Protection of "interest" and not "ownership" in lunar estate. Property claims on Moon could impede activities aimed at benefitting society. Protection of "interest" in lunar estate.
??????, добавлен 05.09.2022?????? ???????? ??????????? ? ???????. ?????????? ????? ??????????? ??????? ??????? ??????????, ??????????? ??? ?????????? ?????????? ????? ?? ??????, ?????????? ? ????????????? ??????????. ???????????? ??????? ????????????? ?? ????????? jura novit curia.
??????, добавлен 30.08.2022Representation of the interests of the state by the prosecutor in the matter of the application of civil law methods of protection of state property rights in the conditions of the crisis of international public law. Agency of state interests in court.
??????, добавлен 09.08.2022Implementation and protection of a person's personal non-property rights that ensure his physical existence. The expediency of specifying the norms of the current legislation on the application of circumstances that exclude the criminality of an act.
??????, добавлен 25.04.2023Legal regulation of the jurisdictional component of the right to a fair trial. Application of the concept of expanding the limits of permissible remedies in the activities of administrative courts. The requirement to protect the right to property.
??????, добавлен 10.05.2022- 8. Specifics of resolving disputes in the field of climate protection by state courts and arbitration
Analysis of the most common grounds for arguing the positions of plaintiffs in climate claims based on international, constitutional, administrative and tort law. Common legal doctrines. Enforcing or strengthening climate commitments made by governments.
??????, добавлен 28.05.2023 Study of the problems of theory and practice of presenting a civil claim in criminal proceedings. The theoretical approaches and opportunities of solving law enforcement issues as for providing a civil claim in certain categories of criminal proceedings.
??????, добавлен 08.03.2021Study of the peculiarities of recognizing the right of ownership of immovable property. Grounds for applying the method of protection provided for in Article 392 of the Civil Code of Ukraine, when recognizing ownership of a newly created object.
??????, добавлен 08.07.2022Comparative and legal analysis of administrative and legal protection of intellectual property and investments. The legal content of judicial practice, administrative-service and executive-administrative activities of subjects of public administration.
??????, добавлен 07.01.2023Characteristics of chance as an integral part of the subject of the theory of state and law. Analysis of the approaches available in the legal literature to the definition of the subject matter of the state and law theory. The essence of coincidences.
??????, добавлен 28.08.2022Features of the summons of the investigator, the prosecutor. Implementation of basic measures to ensure criminal procedure law. Reform of criminal procedure legislation. Call of the subject of criminal proceedings to participate in court proceedings.
??????, добавлен 07.05.2019Protection of property rights as one of the cornerstones of the rule of law. This note is related to one of the latest decisions of the European Court of Human Rights (ECtHR), which focuses on newly discovered facts and the principle of legal certainty.
??????, добавлен 09.05.2022The essence of the "principle of administrative proceedings" category. The problem of effective protection of the rights, freedoms, and legitimate interests of a person and a citizen in judicial proceedings. The role of administrative proceedings in law.
??????, добавлен 09.01.2024The construction contract's subject matter. Research includes analysis of civil and commercial legislative provisions, which regulate the procedure for the conclusion of construction contract. The ?dvantages and drawbacks of different approaches.
??????, добавлен 30.05.2021The correctly identify the subject of money laundering during the investigation, in the context of the current version of the Criminal Code. The approaches to determining the subject of property laundering. The specifics of the subject of the crime.
??????, добавлен 24.07.2023Specialization of the judiciary and judicial activities. Principles of the arrangement of courts in Ukraine. Constitutional regulation of the activities of higher specialized courts. High Court of Intellectual Property and High Anti-Corruption Court.
??????, добавлен 10.05.2022Study of the essence of the convention for the protection of human rights. Issues of ensuring the right of a person to a fair and public hearing of his case by an independent and impartial court established by law, when sent by a prosecutor to court.
??????, добавлен 28.07.2022- 20. Protection of human rights in administrative proceedings from the standpoint of international law
The purpose of the study is to analyse the sources of international law on human rights protection in administrative proceedings. Upon the study of the subject matter, a set of general scientific and special methods of cognition were used, in particular.
??????, добавлен 07.07.2022 To investigate the peculiarities of the application of civil law methods of state property rights protection in the crisis of public international law. To identify the problems that accompany such application, and to identify ways to solve them.
??????, добавлен 22.06.2022Comparative legal analysis of Ukraine, EU member states and North America on administrative and legal support for the protection of intellectual property and investments. Specifics of administrative and legal support for intellectual property protection.
??????, добавлен 23.08.2022The main aspects concerning the misappropriation of vehicles. The issue of the prevention and investigation of crimes related to the misappropriation of vehicles. Classifications of misappropriations of motor vehicles. The phenomenon as "Automaidan".
??????, добавлен 29.09.2016Alimony obligations of family members as family law monetary obligations that arise on the grounds specified by law or contract, are long-term and personal. Grounds for application of Article 192 of the IC of Ukraine, improvement of legislation.
??????, добавлен 19.09.2021The article considers the subject's affiliation with the disclosure of the state secrets in special entities. As well as on the basis of general theoretical provisions, the determination of the subject of disclosure of state secrets is justified.
??????, добавлен 29.10.2021