Prerequisites for civil procedural legal relations - Civil Procedure Law

Prerequisites for civil procedural legal relations

The emergence of a civil procedural legal relationship is associated with three prerequisites: the rule of civil procedural law, legal facts, legal personality (civil procedural legal capacity and civil procedural legal capacity).

The rule of civil procedural law is the mandatory basis for the emergence of procedural legal relationship, the absence of such testifies that the court and other entities are not entitled to perform acts not provided for by law, and vice versa. For example, the introduction in 1995 of legislation in the legislation relating to such a procedural institution as extramural proceedings allowed the courts to rule on a case in the case of failure to appear in the defendant's suit, duly notified, with the consent of the plaintiff. Up to this point, such activities led to the cancellation of the judicial enforcement act.

However, there is only one norm that is not enough, because it requires a legal fact, for its implementation. action or event with which the procedural norm relates the occurrence, change or termination of the legal relationship. In our example, this, in particular, gives the plaintiff consent to make a decision in absentia. Therefore, the basis of the procedural legal relationship is a legal fact-action, i.e. a certain willful behavior of the subject, with which certain legal consequences or a whole group of facts (legal composition) are associated. By themselves, legal facts-events that do not depend on human will, as a rule, do not lead to the emergence of a civil procedural legal relationship, simply because the court can not independently initiate civil proceedings and proceed to proceedings (Article 4 of the CCP). At the same time, it is incorrect to assert that a civil procedural relationship emerges from the moment the court makes a statement to its proceedings, since the judicial authority and the person contacted connect the mutual procedural rights and obligations from the date of the application to the court (Article 133 of the CCP).

Civil standing represents the subject's ability to have procedural rights and perform procedural duties. Civil procedural legal capacity of the court includes the following aspects:

1) the appointment of a judge must be carried out in accordance with procedures established by law;

2) the case is subject to resolution by the court in compliance with the rules of jurisdiction;

3) the judge is not entitled to consider the case in the presence of grounds for challenge;

4) the number of judges must meet the requirements of procedural directives.

Regarding the remaining subjects of legal relations, art. 36 ГПК according to which the civil procedural legal capacity is recognized in equal measure for all citizens and the organizations possessing the right to judicial protection of the rights, freedom and legitimate interests. At the same time, it should be noted that the law recognizes the legal capacity for organizations, whereas in the Civil Procedure Code of the RSFSR of 1964 it was spoken about legal entities or organizations that enjoyed the rights of a legal entity.

The correct definition of civil procedural legal capacity only at first glance seems to be a fairly simple matter. However, this is not the case. For example, often courts are forced to refuse to satisfy claims, as the plaintiffs declare them to branches of legal entities or structural subdivisions of state and municipal authorities, which is inconsistent with the provisions of the Civil Code (see appellate rulings of the Supreme Court of the Udmurt Republic of 14.11.2012 No. 33- 3643/12, Leningrad Regional Court of 04/04/2013 № 33-1388/2013). Sometimes the requirements are imposed on persons who died at the time of going to court. In these cases, as explained in the Resolution of the Plenum of the Supreme Court of the United States of 29.05.2012 No. 9, the court must refuse to accept the application with reference to p. 1 part 1, Art. 134 ГПК, because only the person with civil and civil procedural legal capacity can bear responsibility for violation of rights and legitimate interests of a citizen.

Civil procedural legal capacity is the ability to perform procedural rights, perform procedural duties and entrust the conduct of a case to a court representative. It belongs in full to all citizens who have reached the age of 18 years, as well as organizations. It belongs in full to all citizens who have reached the age of 18 years, as well as organizations. Therefore, any adult citizen should apply and act in court independently or formally delegate his rights in the manner prescribed by law to other entities. As a general rule, it is impossible to declare claims in the interests of an outside person outside his will (imprudente et invito) . For example, a spouse can not automatically protect the rights of a spouse in the civil proceedings, without his desire (cl. 1 Part 1, Article 134 of the CCP). If, however, the organ of justice did initiate the case, then it is subject to termination on the grounds of Art. 220 ГПК, as the courts do in practice (see the appeal decision of the Volgograd Regional Court of 16.11.2012 № 33-11569/2012).

In addition, minors who marry or have undergone emancipation procedure have full legal capacity, and in cases provided for by federal law, in cases arising from civil, family, labor, public and other legal relationships, minors aged 14 or over up to the age of 18 have the right to personally defend in court their own rights, freedoms and legitimate interests. So, in accordance with Art. 142 The right to demand the cancellation of the adoption of a child is not only his parents, the adoptive parents of the child, the guardianship and trusteeship body, the prosecutor, but also the adopted child who has reached the age of 14.

On the whole, the rights of minors aged between 14 and 18, as well as citizens who are limited in legal capacity, are protected by their legal representatives in court proceedings, but the court may, at its discretion, involve the persons mentioned in the case. Finally, the rights, freedoms and legitimate interests of minors under the age of 14 years and citizens recognized as legally incompetent, unless otherwise expressly established by the CCP (Article 284), are upheld by their parents, adoptive parents, guardians, trustees or other persons to whom the federal Such a power is granted by law. In this case, it is necessary to take into account the norms of substantive law, which in some cases oblige the court to call minors under the age of 14 years into a court session. For example, Art. 72 UK states that the restoration of parental rights in respect of a child who has reached the age of ten years is possible only with his consent.

thematic pictures

Also We Can Offer!

Other services that we offer

If you don’t see the necessary subject, paper type, or topic in our list of available services and examples, don’t worry! We have a number of other academic disciplines to suit the needs of anyone who visits this website looking for help.

How to ...

We made your life easier with putting together a big number of articles and guidelines on how to plan and write different types of assignments (Essay, Research Paper, Dissertation etc)