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The article aims to investigate the issue of the mechanism of protection of civil rights and the differentiation of procedural forms of protection of the right to medical assistance. The article examines the existing doctrinal approaches to the definition of the concept of "protection of civil rights", "means", "forms", "methods of protection of civil rights" arising in the field of providing medical assistance and health care. The work states that the methods of protection of rights are actions provided for by law, which are directly aimed at the protection of rights. They are final acts of protection in the form of material and legal actions or jurisdictional actions, which are aimed at eliminating obstacles in the way of subjects exercising their rights (interests) or at stopping the offense, restoring the situation that existed before the offense. Instead, the form of protection characterizes the order of protection and constitutes a set of internally agreed measures for the protection of subjective rights and protected interests that take place within the limits of one legal regime. Emphasis is placed on the fact that in the field of health care, first of all, the patient has the right to independently determine, by means of which form to protect his rights, which, in his opinion, have been violated during the provision of medical care. It can be the application of various pre-trial procedures, administrative appeal or appeal to the court. The article analyzes the implementation of judicial, pre-judicial and administrative forms of protection of a person's medical right in the field of health care. It was concluded that the non-jurisdictional form of protection of the patient's rights is a form of protection, in the implementation of which the patient can independently choose self-defense measures that are not prohibited by law and correspond to the nature of the actions that violated his right, as well as the consequences caused by the offense., У статті поставлено за мету дослідити питання щодо механізму захисту цивільних прав та диференціації процесуальних форм захисту права на надання медичної допомоги. Розглядаються існуючі доктринальні підходи до визначення поняття «захист цивільних прав», «засоби», «форми», «способи захисту цивільних прав», що виникають в сфері надання медичної допомоги та охороні здоров’я. Визначення поняття захисту прав через поняття діяльності дає можливість більш точно встановити підстави і мету захисту, проаналізувати окремі види дій (діяльності) із захисту прав, а також виявити їх взаємозв'язок і єдність. Констатується, що способи захисту прав - це передбачені законом дії, що безпосередньо спрямовані на захист прав. Вони є завершальними актами захисту у вигляді матеріально-правових дій або юрисдикційних дій, які спрямовані на усунення перешкод на шляху здійснення суб'єктами своїх прав (інтересів) або на припинення правопорушення, відновлення положення, що існувало до правопорушення. Натомість, форма захисту характеризує порядок захисту і становить собою комплекс внутрішньо узгоджених заходів щодо захисту суб’єктивних прав та охоронюваних інтересів, які відбуваються в межах одного правового режиму. Акцентується увага на тому, що у сфері охорони здоров’я, перш за все, пацієнт, самостійно має право визначати, за допомогою якої форми захищати свої права, порушені, на його думку, при наданні медичної допомоги. Це може бути застосування різноманітних досудових процедур, адміністративного оскарження або звернення до суду. Проведено аналіз реалізації судової, досудової та адміністративної форм захисту медичних прав особи в сфері охорони здоров’я. Зроблено висновок про те, що неюрисдикційна форма захисту прав пацієнта уявляє собою форму захисту, при реалізації якої пацієнт може самостійно обирати заходи самозахисту, що не заборонені законом та відповідають характеру дій, якими порушене його право, а також наслідкам, що спричинені правопорушенням.

OTÁZKY OCEŇOVANIA PODNIKOV V OBČIANSKOPRÁVNYCH SPOROCH V MAĎARSKU This article presents the Hungarian court practice on the criteria governing the valuation of certain companies and their shares. In civil litigation, Hungarian courts are confronted with this problem in family law disputes, and increasingly often in cases where the issue of determining the value of a company's shareholding arises in disputes between professional economic operators, in particular when a dispute arises between the parties in connection with a share purchase agreement. In addition to procedural issues, serious technical issues arise in lawsuits concerning the determination of the share of a company or the value of a given company. The article describes the Hungarian court practice which has elaborated the criteria for the valuation of companies and describes the company valuation aspects. The article also describes the requirements for the person of the expert, the fact that it is always for the expert and not the court to determine the expert's method, and the evaluation standards and methodological guides that the expert should take into account when carrying out the evaluation. URL:http://sic.pravo.upjs.sk/ Tento článok prezentuje maďarskú súdnu prax týkajúcu sa kritérií, ktorými sa riadi oceňovanie určitých spoločností a obchodných podielov v nich. V občianskoprávnych sporoch sa maďarské súdy stretávajú s týmto problémom v rodinnoprávnych sporoch a čoraz častejšie v prípadoch, keď sa otázka určenia hodnoty podielu v spoločnosti vyskytne v sporoch medzi profesionálnymi hospodárskymi subjektmi, najmä ak medzi stranami vznikne spor v súvislosti so zmluvou o kúpe podielu. Okrem procesných otázok vznikajú v súdnych sporoch týkajúcich sa určenia obchodného podielu alebo hodnoty danej spoločnosti aj závažné technické otázky. Článok opisuje maďarskú súdnu prax, ktorá vypracovala kritériá oceňovania spoločností, a opisuje aspekty oceňovania spoločností. V článku sú opísané aj požiadavky na osobu znalca, skutočnosť, že metódu znalca určuje vždy znalec, a nie súd, a oceňovacie štandardy a metodické príručky, ktoré by mal znalec pri oceňovaní zohľadniť

Целью проведенного исследования является изучение текущего состояния и перспектив использования искусственного интеллекта(Artificial Intelligence, AI, ИИ) в рамках отправления правосудия в Российской Федерации, в частности, в гражданском судопроизводстве. Потребность осмысления вопросов цифрового потенциала неразрывно связана с оценкой потенциала правовой системы как механизма регулирования и взаимодействия в плоскости трансформирующихся общественных отношений. В данном контексте использование системы искусственного интеллекта выступает как один из наиболее образцовых примеров влияния цифровых технологий на сферу правовой действительности, позволяет проследить возможные формы выражения и их последствия. В заключение статьи делается вывод о том, что использование информационных технологий, «оцифровка» процессуальной материи не должны выступать самоцелью, а должны служить средством совершенствовании механизмов реализации задач судопроизводства и повышения эффективности защиты и восстановления прав субъектов права., The purpose of the work is to study the current state and prospects for using artificial intelligence (Artificial Intelligence, AI) in the administration of justice in the Russian Federation, particularly in civil proceedings. The need to understand the issues of digital potential is inextricably linked with the assessment of the potential of the legal system as a mechanism for regulation and interaction in the plane of transforming social relations. In this context, the use of an artificial intelligence system acts as one of the most exemplary examples of the influence of digital technologies on the sphere of legal reality, it allows us to trace possible forms of expression and their consequences. In conclusion, it is concluded that the use of information technology, the "digitization" of the procedural matter should not be an end in itself, but should serve as a means of improving the mechanisms for implementing the tasks of legal proceedings and increasing the effectiveness of protecting and restoring the rights of subjects of law., СОВРЕМЕННОЕ ПРАВО, Выпуск 5 2023, Pages 68-72

Nowhere in Europe are disputants forced to settle their civil or commercial disputes by way of mediation or any other form of alternative dispute resolution. Settlement is also completely voluntary in light of the fundamental right of access to court of Art. 6 of the European Convention of Human Rights. This does not, however, mean that potential disputants may not be requested to attempt to settle their case before going to court, for example, by way of mediation, especially if strict time limits are observed for such procedure. In some European jurisdictions, attempting mediation or other forms of alternative dispute resolution before court action is initiated is mandatory, at least in certain cases. The present contribution will focus on such preliminary mandatory mediation attempts in a selection of jurisdictions.

Learning the past will acquire a procedural significance when some real event of the past would trigger legal consequences. In addition to criminal cases this can be realized in civil litigation, in administrative procedures of the public power, but examples can also be taken from the field of labour law. As criminalistics represent the science of reconstructing a past event, an extension of it to all legal fields can be reasoned. However, such a turn does not have taken place, the discipline of investigation remained within the sphere of criminal sciences. The article examines the causes of that.

In recent years scholars have become increasingly concerned with the impact of the ‘vanishing trial’ on common law civil justice systems that rely heavily on precedent. This article updates previous accounts of the vanishing trial in England and Wales, showing that the rapid decline which prompted earlier debate has levelled off. This provides an essential backdrop to the discussion of the production of precedent which the article goes on to discuss. The final section of the article contests the assumption that vanishing trials lead to a decline in precedent, drawing on a collation and analysis of seventy years of government data on civil litigation cases. It shows that, despite contra-predictions, the number of appellate court judgments has increased while cases coming into the system and proceeding to trial have decreased. Further, it considers what House of Lords and Supreme Court data reveal about demand for precedent and the sort of cases that are taking up a greater proportion of Supreme Court time in the twenty first century.

Soft Tissue Filler (STF) Therapy for cosmetic facial rejuvenation is associated with known complications. The manifestation of these known complications can lead to patients commencing civil litigation actions or making complaints to provincial regulatory authorities and alleging that the practitioner failed to obtain the patient’s informed consent to the therapy. Data provided by the Canadian Medical Protective Association (CMPA) on medical-legal cases arising from the provision of STF therapy between 2005 and 2019 are presented. Select reported case law decisions from Canadian courts and regulatory bodies addressing the concept of informed consent are reviewed. Insights about the risk factors pertaining to the process of obtaining informed consent for STF therapy are presented to increase an understanding of the elements of communication and documentation needed to ensure patients are aware of the consequences of this treatment.

Purpose Speech-language pathologists (SLPs) are not likely to enter practice in school systems with anticipation of special education disputes, or civil and criminal cases that could involve them either as fact or expert witnesses. In this tutorial, we differentiate between the roles of expert and fact witness with guidance to assist SLPs preparing to serve in either role. Method Using two sample cases, we present details of conflicts that involve SLPs; Case 1 involves an SLP as expert witness and Case 2 involves an SLP as a fact witness. We offer information to guide SLPs agreeing to serve as an expert witness, important preparation steps for SLPs as expert and fact witnesses, and practice suggestions, including attention to ethical codes, in serving either role. Conclusions We caution readers that special education, civil, and criminal disputes vary by case, state and federal statutes, and professional and personal details. We draw several recommendations from the two sample cases that should inform and guide any SLP involved as a fact witness or as an expert witness in cases of dispute.

Procedural differences between civil justice and redress schemes are well known, but knowledge gaps stymie an ability to compare monetary outcomes. This paper advances the field of institutional ab...

Practitioners and scholars have, for years, extolled the difficulties of discovery in civil litigation in Japan. The Japanese Code of Civil Procedure makes “all information presumptively non-discoverable.” In Japan, “nothing is discoverable unless such action is specifically permitted by law.” In Japan, there is no “so-called pretrial discovery as seen in the U.S. system.” Those statements, while perhaps once true, no longer reflect litigation as currently practiced. Some twenty years after Japan amended its Code of Civil Procedure to permit greater discovery, civil litigation commonly includes discovery, if defined to include both information and evidence gathering procedures. Litigants seek production of police records, medical records, chat logs, meeting minutes, peer review reports, computer code — the same kinds of information requests that wind their way through pre-trial processes in discovery-rich jurisdictions like the United States. How this happens though is markedly different. Japanese law offers a patchwork of discovery devices, scattered across its Code of Civil Procedure and substantive laws. Some are used regularly; some rarely. In most cases, discovery is not self-executing. The Japanese courts act as gatekeepers, and, in doing so, they swing the door to the courthouse open wider in some cases than others. This paper explores the role of discovery in civil litigation and the resource-intensive role of the courts as gatekeepers. It also proposes an alternative: moving from discovery to disclosure in routine litigation.

This article presents the specifics, advantages and disadvantages of considering labor disputes in court and out of court, as well as suggestions for improving the norms governing the existing situation in our legislation in this regard.

The use of statistical and AI methods in civil litigation is an area likely to expand. As with many areas of social science, the data requirements are high but complex, because of the complexity of the legal process and the nature of the causal connections. This paper looks at the early stage of the process where the initial establishment of liability acts as a legal triage which affects the route through the litigation process. A simple model is used in which the training set is the assessment of the probability of liability given hypothetical scenarios in road traffic accidents. The model is augmented by additional “weight of evidence” assessments. The model, once built, is used as a decision support system for claim handlers on a routine basis. The methods can be seen as a way of utilising a special type of expert judgment elicitation.

In polish civil litigation procedure the cases concerning medical errors always require an expert opinion in order for the court to assess doctors due diligence. The court does not have specialist knowledge, thus his decision, if not taken on the basis of a specialist opinion, is procedurally incorrect. Expert's opinion can be effectively questioned by each of the parties of the dispute, what may lead to either complementary or further opinion. Every specialist opinion of an expert in civil law disputes concerning medical errors has to meet the requirements of integrity, logic and be comprehensive enough.

China has long been the World's Walmart of counterfeits, and the remedies in counterfeiting cases have always been criticized as too small to compensate trademark owners. In the year 2013, China revised its trademark law, which increased the cap of statutory damages and incorporated secondary liability clauses into the law. Does the change of law bring any changes to the remedies granted in counterfeiting civil cases? What are the factors affecting court decisions? Relying on more than 800 civil cases in trademark counterfeiting, this article empirically studies the case characteristics and court decisions to understand the case outcomes and litigation scenario. It reveals the characteristics of civil litigation and factors affecting court decisions on trademark counterfeiting in China. Though there is some literature on remedies in trademark cases, very few analyses focus on courts' legal reasonings or the changes in civil remedies after the law revision. This article tries to fill in this gap, looking through the lens of the law on the books – the law revisions – and the law in practice – the court decisions.

The study was aimed to signify several reasons that are making causes for delaying in civil Justice. The sample size was consisted of 60 respondents who were professionally Judges and Lawyers and holding duties in civil lower courts of Pakistan. The responses were collected on a questionnaire to compute the Role of diverse elements that causing a delay in Justice in lower court litigation. It has been focused mainly on the District Civil Courts Lahore. The study results established out that negligence of officials, Corruption, a massive backlog of cases, lengthy procedure, non-availability of plaintiffs and defendants, transfer of judges, insufficient number of judges are a few but significant which creating further problems in the way to speedy Justice among masses regarding civil litigation in the lower court of Pakistan. In this manner, the Judiciary's Role is weakened and unproductive, especially in civil lower courts of Pakistan.

This article is devoted to the analysis of procedural time limits transformation under pandemic conditions implemented in the legislation of Ukraine during the coronavirus pandemic of 2020, as well as the practice of their application in national courts. It is stated that inaccuracy and incompleteness in resolving important issues related to the extension and renewal of procedural time for the administration of justice under the quarantine creates obstacles to the implementation of the main tasks of civil proceedings. Inaccuracy in the regulation by procedural legislation of certain procedural terms, the possibility of their renewal and extension can significantly affect the movement of all civil proceedings as well as significantly impede the achievement of its goals. Keywords: procedural time, civil justice, access to justice, pandemic challenges, a fair and timely trial, COVID-19, civil litigation.

Provisions of Article 32 Paragraph (2) of Law 31/1999 jo. Law 20/2001 provides an alternative to the filing of a civil suit to recover state financial losses for corruptors even though they have been terminated criminally free. The problem is how to implement the civil lawsuits in returning state finances in law practice. Because legal practice shows that there are legal problems in Article 32 paragraph (2) of Law 31/1999 jo. Law 20/2001 which implies the lack of use of civil litigation instruments in corruption cases.

We examine judges’ role in civil litigation by studying empirically the relationship between judicial procedural involvement (JPI) and lawsuits’ mode of disposition (MoD). Furthermore, we propose JPI as a metric for the allocation of judicial attention to litigants. Applying the framework to Israeli trial court data, we find that 60 per cent of cases included JPI (through hearings and rulings on motions) whereas 40 per cent involved only the court’s institutional function. By juxtaposing JPI and MoD data, we shed light on the scope of judicial involvement in settlements, the ratio between judges’ normative public-life function and their problem-solving function, and other pertinent questions. Since nowadays lawsuits are rarely adjudicated, trial rates are low, and litigants in person (pro se litigants) are common, we argue that access to justice should also be construed in terms of access to judicial attention throughout the proceeding, which is readily measurable through JPI. See PDF for an extended abstract.

Perdamaian merupakan persetujuan antara kedua belah pihak secara sukarela untuk saling mengalah atau melepaskan sebagian dari haknya untuk mencegah timbulnya perkara. Penelitian ini bertujuan untuk mengetahui dua hal, yaitu pertama, untuk mengetahui peran hakim dalam mendamaikan para pihak dalam perkara perdata dan yang kedua, untuk mengetahui kekuatan hukum putusan perdamaian dalam perkara perdata. Penelitian ini dilaksanakan di Pengadilan Negeri Denpasar dengan menggunakan metode penelitian empiris dan teknik purposive. Analisis data penelitian ini dilakukan secara kualitatif. Berdasarkan hasil wawancara dengan Hakim Pengadilan Negeri Denpasar, Panitera Pengadilan Negeri Denpasar, dan Pengacara (Advokat) maka penelitian ini dapat disimpulkan bahwa pertama, Hakim memiliki peran dan kewajiban untuk mendamaikan para pihak yang bersengketa sebelum dihadapkan pada sidang pengadilan dan bentuk dari putusan perdamaian adalah berupa akta perdamaian yang memiliki kekuatan hukum seperti putusan biasa.

The traditional objective of a costs award in general civil litigation was to indemnify the successful party for the legal and other costs incurred to defend an unproven claim or pursue a valid legal right. However, Canadian courts have recognized that the traditional view of costs is outdated and that an additional and more important use of costs awards is promotion of the efficient and orderly administration of justice. Costs awards at the Tax Court of Canada have generally followed a similar path of development, but at a slower pace. Historically, costs were awarded only in accordance with the tariff annexed to the Tax Court of Canada Rules (General Procedure) unless "reprehensible, scandalous, or outrageous conduct" was present. More recently, however, Tax Court judges have expressed concerns about the inadequacy of the tariff. These concerns have led the court to adopt a "principled" approach to costs, similar to that used in modern general civil litigation, by applying specific factors set out in rule 147(3) ("the 147(3) factors") rather than relying solely on the tariff. This article reviews the recent jurisprudence relating to costs awards at the Tax Court, with a particular focus on the manner in which the 147(3) factors have been interpreted and how the application of those factors could evolve to further promote the new objectives of costs awards recognized in general civil litigation. The authors argue that costs awards by the Tax Court could be used more effectively to promote the efficient and orderly administration of justice by (1) taking into consideration the unique features of a tax dispute, and (2) placing additional emphasis on the purposes of costs awards adopted in general civil litigation.

Empirical research spanning the past three decades has consistently upheld that traumatic experiences are prevalent (Gold, Psychological Trauma Theory Research Practice and Policy, S(1), 114-124, 2008; Kilpatrick et al. Journal of Traumatic Stress, 26(5), 537-547, 2013; Resnick, Kilpatrick, Dansky, Saunders, & Best Journal of Clinical and Consulting Psychology, 61(6), 984-991, 1993). Therefore, the likelihood of encountering an individual who has experienced significant trauma within forensic settings is high (Dalenberg, Straus, & Ardill, 2017). Further, forensic psychologists are frequently called upon to assess the impact of such traumatic events and to opine about their connection to a specific psycho-legal issue such as damages in a civil case or the presence of extreme emotional disturbance or mitigating factors in criminal matters. Childhood trauma that has occurred repeatedly and cumulatively, particularly within the context of family relationships, has been referred to as complex trauma. Complex trauma has been shown to result in significant difficulties in a broad range of capabilities such as affect regulation, dissociation, identity development, relational capacities, and somatic distress (Courtois and Ford 2009). The author delineates core ethical principles and challenges encountered in forensic assessment both generally and more specifically in the forensic assessment of complex trauma and dissociation. She also details practical strategies for responding to those challenges. In addition, the author identifies essential skills needed for competency in this arena and outlines professional considerations that arise when working with this population.

Few studies have examined the challenges litigants face in the civil litigation process in Africa and Ghana. The study sought to investigate the effect of type of litigant on stress, and coping. Us...

As a result of the reform of the Ukrainian Civil Procedural Law in 2017, civil justice has undergone significant changes. That is, – courts of first instance may consider civil cases in a general proceeding or in a summary proceeding. The issue of legislative regulation and practical implementation of summary proceeding in civil litigation is in the focus of scientists and legal practitioners. To date, a separate Chapter 10 of Section III of the current Civil Procedure Code of Ukraine, which has the title – "Review of cases in summary proceedings” is devoted to a summary proceeding. This Chapter of the Civil Procedure Code of Ukraine determines the categories of cases to be considered in the procedure of summary proceedings, as well as the cases that cannot be considered in the procedure of summary proceeding, procedural features and the procedure for considering such cases. At the same time, there are a number of disadvantages that cause certain problems that negatively affect to the theoretical basis and practical aspect of summary proceeding implementation in civil litigation in the part of the normative consolidation of the summary proceeding in the Civil Procedure Code of Ukraine. Consequently, the issue of "minor cases" and the determination by courts of grounds for the consideration in summary proceeding of civil cases is the subject of our attention in this article. Particularly these issues concern the lack of legal definition of the concept of "minor cases" at the legislative level, as well as the lack of clear criteria for assigning a particular case to the category of "minor" ones. Special attention should be paid to the effectiveness of the introduction of so-called "cassational filters" for minor cases in the current Civil Procedure Code of Ukraine. The authors concluded that it is necessary to give a legitimate definition of the concept of minor cases and clear criteria for their definition as well as the fact that the institution of summary proceeding requires further improvement and development. So, it is considered appropriate to draw attention to motivating the courts` decisions, as well as wider application of the provisions of the principles of proportionality of civil judicial proceedings and cooperation between the parties and the court to ensure the realization of the main task – the effective protection of claimant`s violated rights.

The primary aim of interim measures is to preserve the rights and interests of the parties in civil litigation. The Law on Contested Procedure enumerates two types of measures designed to safeguard the rights of each party, and to preserve the court’s ability to render a meaningful judgement in the litigation. The measures provided in the law are categorized into two groups: security measures and interim measures. Although both measures share some similarities, judicial practice has revealed a number of nuanced differences that make each distinctly unique. As a result, courts tend to frequently apply interim measures as a legal mechanism for preventing any irreparable harm or loss to a party before the final judgement on the merits of the case is rendered. An additional element that brought some opposing views among the members of the judiciary, is the right to use legal remedies. This paper will analyze disparities in application of the measures, discuss the legal framework for such application and examine recent judicial practice regarding the use of legal remedies.

This thesis answers the following question, ‘Does genetic information alleviate or exacerbate the causal uncertainty in toxic torts?’ In doing so, it provides an original contribution to knowledge, by critically examining Australian and United States (‘US') case law and literature focusing on genetic evidence in toxic torts. A comprehensive analysis of the case law and literature is vital to inform best practice for the future by identifying the past, present and predicted impact and challenges of genetic evidence. The comparative case law analysis has ultimately demonstrated that, if used properly, this evidence could shed light on causation, especially when viewed alongside all the other available evidence. However, without further guidance on the utility of such markers, this evidence will only further confuse and mislead the judge or jury. This could exacerbate the problem of causal indeterminacy, leading to inconsistent case outcomes and posing further obstacles to meritorious claims. This thesis therefore concludes that there is a strong need for practice-oriented instruments designed to assist courts, legal professionals and litigants in considering the strengths and weaknesses of genetic markers as a means of proving or disproving causation. As articulated throughout the thesis, a Reference Guide would help to ensure that the probative value of genetic evidence is properly weighed against any potential harms. The proposed guide would mimic the structure and contents of Chapters 4-7 of this thesis, containing a comprehensive survey of the case law and literature, and a detailed explanation and analysis of both the legal and scientific issues pertaining to genetic evidence. The findings outlined in this thesis extend to a wide variety of legal areas where health-related genetic evidence is likely to be used including medical negligence, employment law, criminal law, family law and insurance claims (such as workers’ compensation or life insurance).

В статье рассматриваются вопросы реализации дискреционных полномочий суда посредством применения аналогии права в гражданском судопроизводстве. На основе анализа нормативных и научных источников показан механизм применения аналогии права в правоприменительном процессе, раскрыта дискреционная природа аналогии права. Сделаны выводы, касающиеся применения аналогии в гражданско-процессуальном праве в рамках дискреционных полномочий суда., The article deals with the implementation of the discretionary powers of the court through the application of the analogy of law in civil proceedings. Based on the analysis of normative and scientific sources, the mechanism for applying the analogy of law in the law enforcement process is shown, and the discretionary nature of the analogy of law is revealed. Conclusions are drawn regarding the application of analogy in civil procedural law within the discretionary powers of the court.

This chapter considers how arguments based on cultural traditions and customary law influence the reasoning of judges in various jurisdictions through the use of cultural defences. A survey of cases reveals that judges consistently refuse to allow the introduction of evidence concerning litigants’ cultural backgrounds in legal proceedings. As explained here, the prescriptive version of cultural relativism calls attention to the context in which individuals act under cultural imperatives. It is the underlying theory that justifies culturally specific notions of reasonableness in criminal law and civil litigation. Although the defence is sometimes understood as limited to criminal cases, the chapter demonstrates how cultural factors also figure in cases involving exemptions and calculating damages in civil litigation. The chapter identifies several types of culture conflict, considers a theoretical framework for analysing cultural defences, and discusses practical difficulties associated with the implementation of the cultural defence policy. Anthropologists are often asked to serve as expert witnesses in these cases. How their involvement in the justice system may affect their professional reputations is also assessed. The final section offers suggestions as to likely new areas where cultural defences will be raised, such as military tribunals and educational systems. While proponents of the strategy contend that the courtroom door should be open to cultural argumentation, this does not mean the cultural factors should necessarily influence the disposition of the cases, particularly if the customs central to the dispute involve irreparable harm.

In Japan, we have the procedure of "arranging issues" in civil litigation where we clarify which facts are in dispute and what kind of evidence action should be made for these issues. Currently, IT technology is used only for online meeting for arranging issues and more sophisticated method is expected by a full use of IT/AI technology.

Türk hukukunda adli yargı, ceza yargısı ve medeni hukuk yargısı olmak üzere ikiye ayrılmaktadır. Her iki yargı kolunun konusu ve ilgilendikleri alanlar birbirinden farklı olmakla birlikte, her iki yargı kolu kendine özgü yargılama usulleri ve ilkeler ile yargılama yapmaktadır. Ceza yargılaması hukuk yargılamasına göre daha özgür bir muhakeme çeşidi olmakla, ceza hakimi yargılamayı resen ararştırma ilkesine göre yürüterek geniş kapamda ulaştığı delillere göre karar verecektir. Hukuk yargılaması ise dava taraflarının mahkemeye sundukları delillerle bağlı olduğundan ceza yargılamasına göre daha dardır. Bu nedenle ceza yargılaması sonucunda yapılan tespitlerin ve verilen kararların hukuk yargılamasına etki etmesi isabetli olacaktır. Bu çalışmada ceza mahkemesince verilen hükümlerden ceza verilmesine yer olmadığı kararının hukuk yargılamasını nasıl etkilediği, hangi tespitlerin hukuk hakimi açısından bağlayıcı olacağı TBK 74. maddede yer alan bağımsızlık prensibi çerçevesinde değerlendirilmiştir. In Turkish legal system, the judiciary is divided into two as criminal litigation and civil law litigation. Although the subjects and areas of interest of both judicial branches are different from each other, both judicial branches make trials with their own jurisdictions and with principles that dominate the judgment. Since the criminal litigation is a freer type of judgment than the civil judgment, the criminal judge will decide according to the evidence he/she has reached in a wide range by conducting the trial according to the principle of ex officio investigation. The civil judgment, on the other hand, is narrower than the criminal trial, as it depends on the evidence submitted by the parties to the court. For this reason, the determinations and decisions made as a result of the criminal trial may have an impact on the civil judgment. In this study, how the decision of not punishing the sentences given by the criminal court affects the civil judgment and which determinations will be binding for the legal judge are evaluated within the framework of the Principle of Independence in Article 74 of Turkish Code of Obligations.

This comment reviews three decisions of the Supreme Court of Ireland from the last three years which concern different aspects of litigation funding. Persona Digital Telephony Ltd v Minister for Public Enterprise is about the direct provision of financial support for litigation, something which the Supreme Court invalidated as contravening the ancient principles of maintenance and champerty. In SPV Osus v HSBC Institutional Trust Services the Supreme Court unsurprisingly struck down an assignment of a right to litigate as also savouring of maintenance and champerty. Finally in Moorview Development Ltd v First Active plc the Supreme Court considered when a third party supporting litigation in circumstances not covered by Persona Digital might be required to pay the costs of the defendant should the litigation supported be lost. Persona Digital is a decision of mainly Irish significance, but the other decisions have implications for the wider common law in relation to two matters. The first is whether the difference between financing a claim and buying it is more than a matter of form. The second is the appropriate approach of courts wherever situated to making a non-commercial funder of civil litigation liable to pay the costs of an opposing litigant.

Objectives The article presents the right to legal aid in civil litigation in Poland and in Spain. Material and methods The analysis proves that overburdening Polish courts (judges and court referendaries) with duties related to considering applications for appointing a legal representative for the purpose of litigation ex officio and exempting from court costs as well as granting the right to legal aid in cross-border disputes cannot be justified by ensuring effective access to justice for indigent subjects. Decisions made on these issues do not count as the administration of justice, and only the said administration is restricted to courts. Results What is more, court instruments to verify the truthfulness of statements which provide a basis for granting exemption from court costs or appointment of a legal representative for the purpose of litigation ex officio are exceptionally inefficient. Conclusions Granting the right to legal aid to parties by the state should rather be treated as an administrative case. The state has a specialised administrative apparatus which is prepared to support subjects that are incapable of overcoming difficult life situations by using their own powers, resources, and opportunities. Social workers could verify the correctness of the information concerning the financial status of the interested parties. Being aware of a petitioner’s situation, such clerks determine whether exemption is sought by an indigent person or whether this person can afford to cover court costs and remuneration of a professional legal representative for the purpose of litigation but prefers to pay for litigation from public funds.

U hrvatskome su pravnom poretku određeni ljudskopravni standardi ukorijenjeni u praksu postupanja u građanskome sudskom postupku te se osjećaju njegovim sastavnim dijelom, premda su svoje izvorište imali u Europskoj konvenciji za zaštitu ljudskih prava i temeljnih sloboda, a u novije vrijeme i u Povelji EU-a o temeljnim pravima. Iz toga se može zaključiti da proces europeizacije građanskoga parničnog postupka, koji se zbog rastućeg utjecaja Europske unije na nacionalni građanski parnični postupak tek počinje osvještavati, zapravo već dulje vrijeme traje. Velik doprinos integriranju postulata prava EU-a u nacionalne građanske parnične postupke daje razvoj sekundarnog prava u okviru pravosudne suradnje u građanskim i trgovačkim stvarima posljednjih godina. Uz to, bitna je uloga judikature Suda Europske unije te preuzimanja postupovnih pravila implementacijom pojedinih direktiva, koje unatoč svojoj materijalnopravnoj prirodi, takva pravila sadržavaju. Stoga, polazeći od Rewe-Comet doktrine ‘postupovne autonomije’ država članica, u radu se želi istražiti kako je europeizacija do sada (pre)oblikovala određena obilježja hrvatskoga građanskog parničnog postupka. Pri tome, ključno je pitanje na koje se želi odgovoriti – jesu li tako u funkcioniranju građanskog pravosuđenja u RH ostvareni preduvjeti potrebni za uzajamno povjerenje te pravosudnu suradnju s drugim državama članicama te zaštitu temeljnih ljudskopravnih standarda koje promiče pravo EU-a?, In the Croatian legal order, certain human rights standards are deeply embedded in the practice of civil proceedings and are considered as its main part, although they emanate from the European Convention on Human Rights and the EU Charter of Fundamental Rights. Hence, it can be concluded that the process of ‘Europeanization’, whose visibility has become obvious with the growing influence of the EU on the national civil procedure, has been under way for some time. The development of secondary law in the area of judicial co-operation in civil and commercial matters between Member States has been a major contribution to the integration of EU law into national civil litigation in recent years. Additionally, the jurisprudence of the Court of Justice of the EU and the adoption of certain rules into the national system through implementation of certain Directives, which contain such rules in spite of their substantive legal nature have had a significant role as well. Therefore, starting with the Rewe-Comet doctrine of ‘procedural autonomy’ of the Member States, the paper seeks to explore the influence of the process of ‘Europeanization’ on the shaping of certain standards of Croatian civil litigation and whether the desired effect has been achieved. The key question the paper aims to answer is whether the functioning of the civil justice system in Croatia fulfills the preconditions needed for mutual trust and judicial co-operation with other Member States and the protection of fundamental human rights promoted by EU law.

In recent years, literature has pointed to the problem of exit restrictions that may be imposed upon defaulting debtors in China. The Civil Procedure Law allows courts to impose exit restriction as...