一审民事案件中级和部分解决法院

V. G. Nestoliy
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摘要

这篇文章声称具有科学新意。提出了关于法院部分判决和临时判决概念之间关系的问题。提出了一种解决问题的方法:区分法院判决的程序形式和法院判决作为司法行为。需要强调的是,作为程序性文书的法院判决与作为司法行为的司法判决并不相同:一份程序性文书可能缺乏一项司法行为,两份程序性文书包含一项司法行为,一份程序性文件可能包含几项司法行为。临时决定的概念使法院程序有可能分为保护有争议或被侵犯的收回一笔钱的权利的程序和确定被收回的钱的数额的程序。追偿权保护诉讼是一种诉讼,其任务是保护一种主观权利。确定追偿金额的程序属于特别程序,其任务是确定实际情况。通过一项关于承认追偿权的临时决定后,司法索赔程序终止。临时决定生效后,利害关系各方可以友好解决分歧,也可以提起诉讼,确定追回的数额。如果临时法院判决是一种司法行为,那么部分法院判决就是一份程序性文件,其中只包含法院对提交给法院的问题之一的回答。法院在另一个部分判决或附加判决中回答其他问题。从发件人的观点来看,法院临时判决的最佳形式是一项临时判决,以追回预付的一笔货币金额,该金额可由法院将来确定。文章对临时解决方案所收集的预收件的功能进行了命名。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Intermediate and Partial Solution Courts of the First Instance in a Civil Case
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.
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