Оptionality as a feature of civil justice
Journal Title: Актуальні проблеми держави і права - Year 2016, Vol 77, Issue
Abstract
Article is devoted to research of a optionality of civil legal proceedings. The author analyzes various approaches to the explanation of essence of a optionality presented in legal science. Owing to comparison of a optionality in the material and procedural relations a valid conclusion that domineering, public character of legal proceedings is imposed on the disputable material relations, and the result of civil legal proceedings is already defined by interaction of the corresponding bases. In article it is proved that freedom and the subjective right as its legal display aren’t sufficient for the explanation of essence of a optionality. The optionality reveals as property of civil process which displays the defining nature of influence of will of interested persons on determination of procedural activity of court and its results.
Authors and Affiliations
О. В. Дем’янова
Keywords
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