Промежуточное и частичное решение суда первой инстанции по гражданскому делу

Abstract

The article claims to be scientific novelty. The question is raised about the relationship between the concepts of partial and interim court decisions. A method is proposed to solve the problem: differentiation of the procedural form of a court decision and a court decision as an act of justice. It is emphasized that a court decision as a procedural document is not identical to a judicial decision as an act of justice: a procedural document may lack an act of justice, two procedural documents contain one act of justice, one procedural document may contain several acts of justice. The concept of an interim decision makes it possible to divide court proceedings into proceedings to protect the disputed or violated right to recover a sum of money and proceedings to determine the amount of the amount of money being recovered. Proceedings for the protection of the right to recover a sum of money is a lawsuit, since its task is the protection of a subjective right. The proceedings to determine the amount of the recovered amount are special proceedings, since its task is to establish the actual circumstances. The judicial claim proceedings are terminated by the adoption of an interim decision on the recognition of the right to recovery. After the interim decision comes into force, the interested parties may settle the differences amicably or initiate proceedings to determine the amount of the amount to be recovered. If an interim court decision is an act of justice, then a partial court decision is a procedural document that contains the court's answer to only one of the questions put before the court. The court answers other questions in another partial decision, or an additional decision. The best form of an interim court decision, from the author's point of view, is an interim decision to recover an advance against a monetary amount, the amount of which can be determined by the court in the future. The article names the functions of the advance collected by the interim solution.