THEORETICAL FOUNDATIONS OF PROCEEDINGS FOR VINDICATION CLAIMS IN THE CIVIL PROCEDURE OF UKRAINE
Journal Title: Правова держава - Year 2016, Vol 21, Issue
Abstract
The problem of replevin as a proprietary way of ownership protection was explored by many civil lawyers. The works of the civil authors are mainly concern the substantive aspects of vindication. Procedural features of this category of cases received little attention. The main proprietary way of ownership protection is a replevin. Replevin has a centuries-old history and is a universal method of ownership protection. Although this experience is used not completely, it’s used without procedural features of this category of civil cases according to the theoretical canons of the civil procedural law. In this article are disclosed such procedural features of consideration and adjudication of this category of civil cases as: the necessity of legible determination of proper party, the subject and legal grounds of claim, the subject of proving on this category of the civil cases.
Authors and Affiliations
E. A. Golubtsova
Keywords
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