Civil Disputes Research Articles

Arbitration In Legal Remediesn Against Dispute Resolution Construction Service Contract

The purpose of this research is to find out what are the advantages and deficiencies in problem solving through arbitration and how the process dispute resolution through arbitration in construction contract disputes. By using research methods juridical normative, it can be concluded, that: 1. Arbitration is the way settlement of a civil dispute in outside the general court based on arbitration agreements made written by the parties to the dispute. 2. The existence of a written agreement negates the right of the parties to apply resolution of disputes or disagreements what's included in the agreement state court.

Спорные вопросы судебной практики по делам об оспаривании ненормативных правовых актов

The subject of consideration is the procedure for challenging non-normative legal acts. The author focuses on a pressing issue for judicial practice in the consideration of administrative legal disputes: aspects of determining whether Chapter 24 of the Arbitration Procedure Code of the Russian Federation is applicable in a particular case. The article reflects the most controversial procedural issues. Attention is drawn to the fact that the courts are obliged in each specific case to evaluate the requirements set out in the petition part, which in form can be like challenging non-normative legal acts, while in essence they are a civil dispute. Related to this problem is the question of whether the chosen method of protecting the violated right is appropriate. Finally, in judicial practice the problem of qualifying contested documents as normative legal acts, non-normative legal acts, or as documents not subject to judicial challenge remains relevant.

Civil Disputes and Civil Litigation: Analysis of Concepts, Characteristics and Resolution Mechanisms

This article discusses the basic concepts and characteristics of civil disputes and civil litigation and their resolution mechanisms, and analyzes the characteristics and resolution of different types of civil disputes, such as contract disputes and tort disputes. The article also describes in detail the civil litigation procedures, including the various aspects of prosecution and filing, trial procedures and enforcement procedures. It further discusses the background and motivation of the reform of the civil litigation system, as well as the content of the reform, such as the simplification of trial procedures, the application of electronic litigation and the improvement of the enforcement mechanism. Finally, the article looks forward to the development trend of the civil litigation system, including informationization and intelligence, the promotion of diversified dispute resolution mechanism and its institutional guarantee. Through these discussions, it aims to enhance judicial efficiency and fairness, and to meet the modern society's demand for fast and fair resolution of civil disputes.

Research on Judicial Application of Custom as Source of Civil Law

Article 10 of the Civil Code stipulates that when resolving civil disputes, if there is no legal provision that can be applied, customs can be used, but only if they are consistent with public order and morality. This provision confirms the legal source status of customs, which is beneficial to completing the legal sources of civil law, maintaining the openness of civil law, and preventing the vacuum of civil rights remedies. It is also beneficial to limiting the discretionary power of judges and upholding judicial justice. When there is no legal reference, customs can also serve as the basis for judging cases. However, there are still problems with the judicial application of customs, such as difficulties for parties to provide evidence, unequal treatment of similar cases, and vague expression of the application of civil customs in judicial documents. Specific measures for improvement can be taken from the perspectives of strengthening the investigation and collection of customs, optimizing the burden of proof for civil customs, and establishing relevant case guidance systems.

Constitutionalization of Arbitration

The number of arbitration cases handled by the Constitutional Court of the Russian Federation has steadily increased over the years. The evolution of social practices and judicial approaches to arbitration procedures has prompted the supreme body for judicial protection of the Russian Constitution to repeatedly review whether the legal concepts used to resolve civil disputes by arbitration courts and international commercial arbitrations align with the nation’s basic law. The outcome of this process is a set of legal principles that define the constitutional and judicial foundations of arbitration in Russia. The above trends have facilitated the use of the integrative concept of constitutionalism in arbitration. This study highlights the constitutionalization of both arbitration and its social application. From a standalone perspective, the problems of enhancing the constitutional and legal principles of arbitration were discussed, and the further progress of constitutionalism in Russian arbitration was predicted.

Examining the Role of Alternative Dispute Resolution (ADR) and Small Claim Procedure in the Settlement of Civil Disputes in Uganda

Over the past several decades, there has been growing interest amongst advocates worldwide in the use of alternative dispute resolution (ADR) techniques to resolve their clients' disputes more economically and efficiently. In the face of bottlenecks and backlogs in the court systems, as well as spiraling costs and fees, courts and members of the legal fraternity have been part of the movement seeking means other than litigation for resolving disputes. As a result, the development of more flexible means of resolving disputes in the form of ADR techniques has gained popularity, and the Ugandan legal system is no exception. Undoubtedly, the benefits of incorporating ADR into the Ugandan legal system offer significant potential, leading to its widespread recognition in Uganda. The legal system has undergone tremendous reforms in recent years, making a study on ADR particularly timely in this context. This paper aims to introduce to the reader the concept of ADR and its implications in the Ugandan context, particularly in dealing with the rampant problem of case backlog in Uganda's judiciary. We conducted this study using the doctrinal method of research, which relies on secondary information from highly qualified state publicists as clearly outlined in textbooks, novels, law journals, articles, websites, and other literature, including class notices. The researcher also utilized court rulings from various states' judges, parliamentary acts on Alternative Dispute Resolution (ADR), and international agreements in which Uganda participates to determine the pace at which Uganda's legal system has integrated ADR to settle civil disputes. Keywords: Alternative dispute resolution, Arbitration, Civil dispute settlement, Mediation, Small claim procedure

Analysis of the admissibility of establishing the circumstances of intentional deprivation of life of the testator by the heir in a civil case through the lens of the presumption of innocence, the practice of the European Court of Human Rights...

The relevance of the subject under study was conditioned by the fact that in Ukrainian judicial practice, both judges and experts who are members of the Scientific Advisory Council of the Supreme Court have differed in their opinions regarding the possibility of disqualifying an heir from inheritance based on the requirements of Article 1224, Part 1 of the Civil Code of Ukraine. The purpose of this study was to clarify such general legal issues as the applicability and extension of the presumption of innocence in civil proceedings, and protection against violation of this principle in the resolution of certain civil law disputes. The methods of analysis, synthesis, comparison, generalisation, and case study were employed to examine the decisions of national courts of general jurisdiction of various instances, the Constitutional Court of Ukraine, and the European Court of Human Rights. It was stated that the deceased heir – the accused, who inflicted serious bodily injuries to his father – the testator, as a result of which the latter died, cannot be considered as having no right to inheritance, based on the analysis of the content of Article 1224, Part 1 of the Civil Code of Ukraine. The study proved that a form of condemnation by public authorities and posthumous conviction outside the scope of due process of law would be establishment by a court in a civil case of the circumstances of intentional deprivation of the testator’s life by an heir, where the former died at the time of the consideration of a civil dispute. It is unacceptable for a civil court to rely on the circumstances of the indictment and the grounds for closing criminal proceedings against a deceased defendant – an heir. Only a guilty verdict establishes a person’s guilt. If it is referred to in other procedural decisions, it is probable that the person will be socially stigmatised. A civil court may not assume the powers of a court that are exercised only in criminal proceedings when resolving a dispute over inheritance. The practical value of the study lies in the development of arguments for the court and participants in the trial

Application of The Principle of Justice in Islamic Civil Dispute Resolution in Indonesia

This article discusses the application of the principle of justice in the resolution of Islamic civil disputes in Indonesia by using qualitative methods through literature studies and research in libraries. Justice is one of the important aspects in the resolution of Islamic civil disputes to ensure that individual rights are defended in accordance with the principles of fair and balanced Islamic law. This study explores various sources of literature related to Islamic civil law practice, justice, and dispute resolution in Indonesia. In the context of Islamic civil law, justice refers not only to compliance with formal law, but also to the moral, ethical, and social justice aspects that underlie Islamic teachings. This article reviews the concept of justice in Islam which includes individual rights, protection of the public interest, and dispute resolution mechanisms that prioritize mediation and peace. The results of the study show that the application of the principle of justice in Islamic civil dispute resolution in Indonesia still faces various challenges, such as obstacles in the implementation of the law, a culture of conflict resolution, and limited access to the judicial system. Nevertheless, measures to improve justice in Islamic civil dispute resolution continue to be developed, including through increasing understanding of Islamic law, training for law enforcement officers, and promoting alternative dispute resolution that is deliberative.

Judicial Differences of Sexual Harassment Between China and South Korea

This essay explores the differences in the legal treatment of online sexual harassment (OSH) in China and South Korea. China's Civil Code addresses sexual harassment by emphasizing the violation of a woman's dignity, but the legal consequences are minimal, typically resulting in fines comparable to civil disputes. In contrast, South Korea classifies sexual harassment as a crime under the Criminal Act, with punishments including imprisonment. The analysis identifies three key disparities. Firstly, China lacks a clear specification of what constitutes sexual harassment, while South Korea provides detailed definitions. Secondly, South Korea treats OSH as a severe offense on par with rape, leading to stricter enforcement and deterrence. However, in China, OSH cases are often addressed as defamation or infringement of portrait rights rather than distinct sexual crimes. Lastly, social media censorship in China hampers tracking and locating perpetrators, granting them more leeway to evade punishment, while South Korea actively prosecutes OSH as a sexual crime. Addressing these disparities, the abstract suggests placing sexual harassment in China's criminal legislation and implementing supplemental laws to support its enforcement.

MEDIASI DALAM PERKARA PERCERAIAN OLEH HAKIM PENGADILAN AGAMA

Marriage includes 2 (two) individuals, namely a man and a woman who have the aim of forming a happy family. Every individual in building a family has rights and obligations that must be implemented and obtained. If one of these obligations is ignored, it can hinder the achievement of the goals of the marriage itself. Divorce is a process of ending a marital relationship. Before a divorce agreement is reached, mediation will be carried out between the two parties with the aim of reconciling the two parties so that there is no need for a divorce. The method used in conducting research is qualitative using a descriptive approach. This approach refers to a systematic and accurate depiction of facts and characteristics of research objects and subjects. Mediation in resolving civil disputes, especially in the context of divorce in the Religious Courts, has been carried out in accordance with applicable regulations. Factors inhibiting the success of mediation in resolving civil cases, especially divorce in the Religious Courts, include strong differences of opinion regarding divorce, prolonged conflict, lack of good intentions to reconcile, and the influence of mental or emotional factors.

Sale and Purchase Deed as Evidence in Resolving Land Sale and Purchase Default Disputes

Indonesia as a country of law adheres to the Civil Law system where the source of Law and all rules applied in Indonesia must be based on what has been codified or written in the form of a law. The type of research used is qualitative research derived from legal materials. The research approach method used is laws and regulations and a case approach, with the method of collecting data from literature studies and data analysis using normative juridical analysis. It is divided into several legal orders, one of which we know, namely Civil Law. The problems handled in the Civil Law are individual persons, for example, the sale and purchase of land where two parties are involved in a civil bond. In buying and selling, there is a need for an agreement, then generally there is a Deed of Sale and Purchase (AJB) which is an authentic deed and plays an important role in the process of buying and selling land as a sign that there has been a legal act between the parties. However, in reality, there is still a default in the sale and purchase of land after the issuance of the AJB where the seller cannot fulfill the rights of the buyer as stated in the AJB. If a civil dispute cannot be resolved using mediation, it can be resolved by submitting it to the court. In the settlement of civil disputes in court, there is evidence where evidence must be submitted to strengthen the argument. In this case, the Deed of Sale and Purchase can be used as evidence that is classified as an authentic deed of evidence.

Evaluation of the Effectiveness of Mediation as an Alternative for Civil Dispute Resolution: Quantitative Research in District Courts

Evaluation of the Effectiveness of Mediation as an Alternative for Civil Dispute Resolution: Quantitative Research in District Courts

The Precautionary Principle of Running Foundation Activities In the Perspective of the Foundation Law and the National Criminal Code

<p>This research aims to examine the principle of prudence in managing Foundation activities. The urgency of this research is so that the foundation can maintain its sustainability, develop, and be able to provide broad benefits according to the objectives of its establishment. This research uses qualitative methods with a statutory and conceptual approach. The novelty of this research is that in managing Foundation activities, the precautionary principle is required. The results of this research are the principle of prudence in carrying out Foundation activities consisting of Firstly, in managing the Foundation, it must always be guided by applicable legal provisions to avoid problems, whether problems in the form of civil disputes or criminal violations. Second, it must based on the principle of non-profit oriented, where foundations are not prohibited from running business entities, but the results are aimed at the interests of society and the sustainability of the Foundation to succeed in its social goals, because the Foundation is not oriented towards profit or gain, but rather towards benefit. Third, the organs of the Foundation must avoid conflicts of interest that could harm the interests of the Foundation and other parties. Fourth, foundations must apply the principles of Good Corporate Governance (GCG), namely: independence, transparency, accountability, and fairness.</p>

Mediation as a type of alternative dispute resolution: definition, advantages and disadvantages

The article analyzes the essence of mediation as one of the alternative ways of resolving disputes. The importance of alternative methods of dispute resolution as an institution of extrajudicial conflict resolution, which is a fairly popular method of protecting violated rights in most countries of the world, is emphasized. The author emphasized the proposition that mediation is not the only alternative way to resolve disputes, this group includes negotiations, arbitration, arbitration courts, independent assessment of facts, conciliation, medical-arb, etc. The actuality of the issue is determined by the fact that this institute is quite new for Ukraine, and is only now becoming widespread. The Law of Ukraine «On Mediation» is quite young, and the relevant legislative provisions are the latest for citizens. Doctrinal definitions of the concept of «mediation» are characterized, both on the example of European and Ukrainian legislation. The stages of mediation are highlighted. Examples of practical application of mediation between parties to a dispute are given. It has been established that mediation is an alternative way of resolving a civil dispute, which is aimed at reaching a mutually acceptable solution based on the mutually agreed will of the parties with the participation of an independent and impartial person (mediator). The use of mediation as a method of dispute resolution has certain advantages. First, saving money; secondly, the decision on the merits of the dispute is made by the parties themselves by mutual agreement; thirdly, saving time, since the preparation and consideration of the case in court is a longer process; fourth, confidentiality; fifth, preservation of partnership relations between the parties. The advantages and disadvantages of this type of alternative dispute resolution are analyzed. It was concluded that in order to spread mediation, it is necessary to create a wide circle of information about this topic, to raise the awareness of citizens about the presented type of alternative method of dispute resolution, to introduce mandatory mediation for certain categories of cases (for example, family, in particular, in the field of private legal relations), create a single register of mediators, organize special courses (specialization) for judges to develop approaches to resolving disputes, especially in the private law sphere.

Новая веха в гражданском судопроизводстве с участием иностранных лиц в КНР

Recently, due to the active transformation of the economic and social structure, the number of civil disputes complicated by a foreign element being considered in the courts of China has increased dramatically. According to statistics, participants in such disputes are representatives from more than 100 countries around the world. The current rules of civil procedure governing proceedings involving foreign persons in China no longer fully meet the needs for fair, effective and convenient resolution of international civil disputes, as well as for the protection of national sovereignty, security and development interests, which makes it necessary to review and improve them.

Обязательная медиация и иные формы принуждения к участию в АРС в Великобритании

The article analyzes the mediation and other ADR procedures that are mandatory for the parties to a civil dispute under the law of the United Kingdom. It has been established that, in fact, there is mandatory mediation in the form of judicial conciliation in some family and labor disputes. Judicial practice has developed an approach according to which similar procedures can be applied in other disputes on the basis of the discretion of the court.

The Potency of Alternative Dispute Resolution in Resolving Ugandan Civil Disputes: A Comprehensive Examination and Recommendations

Alternative Dispute Resolution (ADR) has gained significant traction globally as a preferred method for resolving conflicts outside traditional litigation processes. In Uganda, the legal community has embraced ADR due to its potential benefits in expediting conflict resolution and reducing costs. This study delves into the efficacy of ADR in the Ugandan context, employing a documentary research approach to analyze various sources including legal texts, journals, and essays. It explores the historical background of ADR, its conceptual framework, and its integration into the Ugandan legal system. The study highlights the success of ADR initiatives, such as mandatory mediation in commercial courts, and proposes recommendations for further enhancing its utilization. These recommendations include empowering corporate directors to handle employee disputes through ADR, expanding mediation to include personal injury claims, and making ADR a prerequisite for litigation in civil cases. The findings underscore the potential of ADR to alleviate case backlogs, improve access to justice, and foster a fairer and more efficient legal system in Uganda. Keywords: Advocates, Alternative dispute resolution, Civil disputes, Potency, Ugandan legal system

Negotiation skill value for resolution civil disputes

Participants in civil legal relations negotiate in completely different situations, which can be generally represented in two forms: as a stage preceding the conclusion of an agreement, and as a way to resolve a dispute, which can be more effective than litigation. Argument and conflict are not the same thing, and it is because of this difference that negotiation can help with a task that at first glance is not solvable. At the same time, to negotiate correctly and effectively, to come to an agreement is a certain skill that will work the better, the more people train it in themselves. One way or another, the movement of the dispute leads to negotiations, and the skill of conducting them makes it possible to resolve a large number of civil law disputes without resorting to jurisdictional forms.

Social Context of Civil Process for Sustainable Development

This paper focuses on the existing mechanisms for the participation of vulnerable persons, including persons with disabilities and children, in civil disputes. As modern democratic society develops the concept of a social state, ensuring equal conditions for the participation of vulnerable persons in civil turnover is essential. Hence, the aim of the study is to identify existing legislative gaps and challenges that prevent the participation of vulnerable persons in civil disputes. Humanity has agreed on a sustainable development plan, in which social sustainability is set as one of the main goals. However, modern civil procedure law is mainly based on the codification of the 19th century, which in turn originates from Roman law. Since then, public relations have changed and modern technologies are constantly developing. The concept of a digital judge, smart contracts, and a blockchain system has already emerged. Therefore, the regulations of civil proceeding do not respond to modern challenges, and it is necessary to update civil procedure legislation in order to provide an equal platform for the participation of vulnerable persons in civil disputes. The purpose of the article is to review the rules of civil procedure law in terms of a social context based on the international approaches, practices, and research. Through a mixed-quantitative, qualitative, and general research methods, as well as comparative analysis, specific recommendations are introduced that will bring civil dispute resolution closer to sustainable development plans and ensure the equal participation of vulnerable persons in civil dispute.

Social Context of Civil Process for Sustainable Development

A democratic society develops the concept of a social state, expressed in ensuring equal conditions for the participation of vulnerable persons in civil turnover. At the same time, humanity has agreed on a sustainable development plan, in which social sustainability is set as one of the main goals. Modern civil procedure law is mainly based on the codification of the 19th century, which in turn originates from the "Roman law" created precisely for the citizens of Rome. But since then, public relations have changed and modern technologies are constantly developing. The concept of a digital judge, smart contracts, and a blockchain system has already been developed. Therefore, it is necessary to update the civil procedure legislation to find out how it provides an equal platform for the participation of vulnerable persons in civil disputes. The purpose of this article is to discuss procedures for regulating civil disputes in a social context. As a result of identifying existing gaps, specific recommendations have been developed that will bring civil dispute resolution closer to sustainable development plans and ensure the participation of vulnerable persons in civil disputes on equal terms.