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ŠTEVČEK, M. – KOTRECOVÁ, A.: How good
to know the rules or the security measures for the analytical legal Epistemology.
Právny obzor, 100, 2017, č. 2,
s. 115 – 130.
Abstract. Article
responds to post Džačár, L., Foldes, R. Precautionary measures in the new civil
trial - selected issues. The article essentially focused on the nature of the
Institute’s approach and urgent security measures, with particular emphasis on
precautionary measures. Prior to the analysis clarifies the meaning and purpose
of recasting, as specific institutes, although well-known civil trial until
30.06.2016 also found in contentious civil right, does not mean that their
meaning and function are the same. This stems from the system settings of Civil
Procedure within the purview of civil contentious procedure as process modern
and dynamic, particularly in contentious proceedings roofed principle of
procedural accountability litigants. The essence of this paper is that, among
other things, to refute the misconception that urgent measures are provisional
measures, and that the precautionary measure is inappropriate institute,
incremental and redundant. It is not just a theoretical conclusions, even
without a professional basis, can not access any deeper analysis, and even clues
practical issues. Understanding the institute precautionary measure and its
meaning so can be themselves (individually), but in the context of the entire
recasting whose purpose is not to look back, the team behind what has been, on
the contrary adjust account the new Civil Procedure.
Key words: civil
procedure, urgent measures, security measures, lien, Civil procedural code
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ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
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