THE TERM OF THE CASSATION APPEAL
Journal Title: Правова держава - Year 2016, Vol 21, Issue
Abstract
The problem of the terms in civil law has not yet been fully studied. This leads to a complication of the establishment and application of all types of parameters of functioning in civil legal relations, including the terms. The main purpose of terms of realization of the civil rights is to ensure to entitled persons the real opportunities to use their existing rights. Terms of protection, in turn, are set for the resumption of the violated right. Based on this criterion the terms are divided into: terms of realization of the civil rights; terms of performance of the civil obligations; the terms of protection of the civil rights. Under the terms of implementation of the civil rights must be understood the terms, during which the authorized subject has the right (and sometimes is obliged) to personally realize the right which is granted him or the right to require the implementation of specific actions for the implementation of their rights directly from the obliged person. Terms in the civil proceedings have an important role not only in the context of the timely implementation of the legal proceedings with minimal loss of time, but are the determined categories in providing guarantees of the implementation of subjects of civil procedural relations their subjective procedural rights and fulfill their civil procedural obligations. It is therefore the common understanding of the nature and value procedural terms are highly important.
Authors and Affiliations
R. F. Gongalo
Keywords
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