A felek igazmondási kötelezettsége a polgári perben
The conception of the Civil Procedure signified that at the beginning of the Act, in a separate chapter only a few basic principles need to be presented in order to highlight the most important organising principles of the Act. The theme of the study is the examination of the obligation of the parti...
Elmentve itt :
| Szerzők: | |
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| Dokumentumtípus: | Cikk |
| Megjelent: |
2021
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| Sorozat: | Acta Universitatis Szegediensis : forum : publicationes discipulorum iurisprudentiae
3 |
| Kulcsszavak: | Polgári jog, Polgári peres eljárás, Perjog, Polgári eljárásjog |
| Tárgyszavak: | |
| Online Access: | http://acta.bibl.u-szeged.hu/74498 |
| Tartalmi kivonat: | The conception of the Civil Procedure signified that at the beginning of the Act, in a separate chapter only a few basic principles need to be presented in order to highlight the most important organising principles of the Act. The theme of the study is the examination of the obligation of the parties to tell the truth in Civil Procedure, highlighting the principle of good faith, because the main question of the study is whether the legislator regulated the obligation of the parties to tell the truth properly, when it was separated from the principle of confiding litigation. In terms of the method of the research, besides the evaluation of the operative Act, our study contains historical analysis and comparison of laws, including the analysis of the solutions of the German and the Austrian Civil Procedures. To sum up, the most important statement of our study is, that in our opinion, it was an eligible step to separate the principle of good faith and the principle of confiding litigation because of their different personal scopes. In case of the latter, we believe that it is questionable that the Act imposes a fine of objective nature on a party or another person in litigation acting in bad faith, and besides, it also applies other legal consequences at the same time, however, if there is a special legal consequence, there is no need to apply fine. That is why in the study, we suggest the amendment of the law, and we worked out both the text and the preamble. |
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| Terjedelem/Fizikai jellemzők: | 7-31 |
| ISSN: | 2560-2802 |