Dumych K. Civil proceedings in Galicia by the Austrian Civil Procedural Codex 1895.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0417U001274

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень

19-01-2017

Specialized Academic Board

Д 35.051.03

Ivan Franko National University of Lviv

Essay

The thesis deals with the civil legal proceedings in Galicia under the Austrian Code of Civil Procedure 1985. The peculiarities of the court system in the Austrian and Austro-Hungarian monarchy in the late 18th - the first half of the 20th century are shown and the characteristic features of the legal regulation of the civil legal proceedings in the studied period are defined. The prerequisites for concluding the Austrian Code of Civil Procedure 1895 are substantiated, its sources and structure are analyzed and the specific features and principles of the Austrian law of civil procedure in the second half of the 19th - early 20th century are defined. The procedural status of the participants of the civil procedural relations and their rights and obligations are revealed, the forms of evidences and jurisdiction of civil cases are defined. The peculiarities of the court hearings of civil cases as a basic stage of the civil legal proceedings are considered as well as the participation of the parties in the court hearings of civil cases and delivery of judgment following the civil trial are defined. The legal experience in the civil legal proceedings in Galicia under the Austrian Code of Civil Procedure 1985 is generalized and the historical and legal basis for the strategy of the development of legislation in the modern Ukraine is formulated.

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