About the Subject of Civil Procedural Lawin the Context of Contemporary Reforms

Abstract

The active reform of civil procedural law in the twenty-first century has brought to the forefront the problem of the subject matter of its legal regulation. The civilistic procedure as a social phenomenon born of centuries of experience returns to its historical paradigm: actio habere — ius habere. According to the author, the basis of the subject matter of civilistic procedural law is a civilistic process in its ontological sense; the subject of legal regulation also includes relations not in the civilistic form of procedural procedure, but forming an integral part of civilistic legal proceedings; the subject of civilistic procedural law is also relations not regulated by specific rules of procedural law, but by analogy of law and analogy of lex. The qualitative transformation of the subject of civilistic procedural law is due to the modern regularities of the civilistic process: its materialization, internationalization and constitutionalization; its procedural development as the man instrument for internal and external harmonization.