Review article
https://doi.org/10.31141/zrpfs.2019.56.134.923
The manifestation of the different stages of legal action and the legal actions of creditors before maturity of their monetary claims
Abstract
The legal characteristics of the manifestation of the stages of legal action and what was to be achieved by them are considered in this paper. Legal action in particular which is put to the courts is analysed together with the procedure which is implemented in two phases. Certain important issues are herewith pointed out which arise when dealing with ownership interests in taking this legal action. An overview of the ownership and obligations and especially details on understated and concealed property is provided. There is a plea for the provision to be repealed for making a sworn statement on the accuracy of given data and justifiable reasons for such a change. It is emphasised, that acts which oblige the defendant from mutual party relations, the Civil Procedure Act (CPA) (ZPP) does not need to limit according to type because this without reason limits the rights of the claimant as creditor. The reasons for reformulating the provisions of art.186.b section2 and 3 of CPA (ZPP) of the different stages of legal action are mentioned as are other observations to which the legislator has not reacted in the last ten or more years since the existing provisions from art.186 b of CPA (ZPP) in their application. Furthermore, there are no indications that this will happen in the near future. It is because of this that these legal actions achieve with great difficulty the aim and purpose for which they were intended. In opposition to this, the creditor's lawsuit to gain monetary claims before their maturity, which in our country's legal action process system is noted as an exception, could easily, given the common behaviour of the debtor in defaulting on meeting their assumed obligations, in the current economic conditions become the rule.
Keywords
manifestation of legal action by stages; ownership interests; creditor's legal action to fulfil monetary claims before maturity
Hrčak ID:
227836
URI
Publication date:
12.11.2019.
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