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AKO POZNAŤ DOBRÚ PRÁVNU ÚPRAVU ALEBO OD ZABEZPEČOVACÍCH OPATRENÍ K ANALYTICKEJ PRÁVNEJ EPISTEMOLÓGII

100%

Števček M., Kotrecová A.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

2017

vol. 100

issue 2

115 – 130

Article responds to post Džačár, L., Foldes, R. Precautionary measures in the new civil trial - selected issues. The article essentially focused on the nature of the Institute’s approach and urgent security measures, with particular emphasis on precautionary measures. Prior to the analysis clarifies the meaning and purpose of recasting, as specific institutes, although well-known civil trial until 30.06.2016 also found in contentious civil right, does not mean that their meaning and function are the same. This stems from the system settings of Civil Procedure within the purview of civil contentious procedure as process modern and dynamic, particularly in contentious proceedings roofed principle of procedural accountability litigants. The essence of this paper is that, among other things, to refute the misconception that urgent measures are provisional measures, and that the precautionary measure is inappropriate institute, incremental and redundant. It is not just a theoretical conclusion, even without a professional basis, cannot access any deeper analysis, and even clues practical issues. Understanding the institute precautionary measure and its meaning so can be themselves (individually), but in the context of the entire recasting whose purpose is not to look back, the team behind what has been, on the contrary adjust account the new Civil Procedure.

ZABEZPEČOVACIE OPATRENIA V NOVOM CIVILNOM SPOROVOM PROCESE – VYBRANÉ PROBLÉMY

88%

Džačár Ľ., Földes R.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

2016

vol. 99

issue 6

525 – 554

The Act No. 160/2015 Coll. Civil Dispute Proceedings Code introduces security measure as a completely new institute of the Slovak procedural law. Systematically, it is included among protective instruments whose primary purpose is to support achieving fundamental objectives of the main adversarial proceedings. Extreme brevity of the regulation does, however, raise several serious and troubling ambiguities, and produce unpredictably varying results even in identical case scenarios, as is already evidenced in the practical application thereof by courts of the first instance. This article, therefore, attempts to define the place of security measures in the Slovak legal system and to examine them, particularly, in the context of constitutional limits and distinctive features of similar legal institutes. One of its main intentions is to review admissibility of analogy in gap-filling of the regulation in question, as well as define and analyse the limitations thereof. It also raises imperative questions of functions and effects of the encumbrance created by the security measure. A significant attention is paid to examination whether the regulation provides sufficient level of protection to the rights of other subjects directly affected by such a judicially established encumbrance, particularly other creditors of the debtor, who are not participants in the proceedings. In its final chapter, the article aims to formulate a set of recommendations which – given the present state of the regulation of numerous aspects of security measures, or, more precisely, the lack thereof – should be observed in the decision practice.

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2 Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

1 2017

1 2016

1 Džačár Ľ.

1 Földes R.

1 Kotrecová A.

1 Števček M.

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AKO POZNAŤ DOBRÚ PRÁVNU ÚPRAVU ALEBO OD ZABEZPEČOVACÍCH OPATRENÍ K ANALYTICKEJ PRÁVNEJ EPISTEMOLÓGII

ZABEZPEČOVACIE OPATRENIA V NOVOM CIVILNOM SPOROVOM PROCESE – VYBRANÉ PROBLÉMY