Investigative type of civil procedure on the example of categories of cases affecting the rights and legitimate interests of minors

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The article considers the system of the investigative (inquisitorial) proceedings in courts of civil jurisdiction. Features of functioning of this legal institution are considered on the example of the category of cases on the deprivation and restoration of parental rights and concretized by the proposed exceptions to the principle of "nemo judex sine actore" - the law of the forum alone to initiate civil proceedings regardless of the application of an interested person in cases of appointment of a guardian (Trustee) the minor in the presence of threat to his physical or moral development on the example of similar law in the civil procedure law of the Federal Republic of Germany. The authors substantiate the necessity of introduction of the studied institutions of law and propose solutions to problems arising in the course of legislative regulation initiatives.

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Civil proceedings, inquisitorial system, inquisitorial process, minor, the deprivation and restoration of parental rights, the right of the court to initiate proceedings

Короткий адрес: https://sciup.org/170184274

IDR: 170184274

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