Legal Opinions of Settlement Agreement by Procurator
- 10.2991/assehr.k.200321.099How to use a DOI?
- civil process, adjudicatory proceeding, settlement agreement, procurator
The article analyzes the right of procurator to the opinion of a settlement agreement with his participation in consideration of civil and arbitration cases by courts. Despite the fact that issues related to the matter and procedure for the opinion of a settlement agreement were subject of scientific analysis, not all aspects received proper coverage, such as the participation of procurator in the opinion of a settlement agreement. This fact, as well as various positions of civil and arbitration law on this issue, have created contradictions in judicial practice and science. Meanwhile, the procurator’s right to enter into a settlement agreement would allow expanding the scope of resolving legal conflicts in the most preferable and effective way. To address this issue, the legal nature of the settlement agreement and the standing of procurator were studied. Based on undertaken a study, authors come to the conclusion that court practice and academic circles do not deny the possibility of opinion of settlement agreement by a procurator, on the basis of which such a legal approach can be perceived by the current legislation.
- © 2020, the Authors. Published by Atlantis Press.
- Open Access
- This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).
Cite this article
TY - CONF AU - S.G. Byvaltseva AU - A.A. Kovalev PY - 2020 DA - 2020/03/24 TI - Legal Opinions of Settlement Agreement by Procurator BT - Proceedings of the XVII International Research-to-Practice Conference dedicated to the memory of M.I. Kovalyov (ICK 2020) PB - Atlantis Press SP - 136 EP - 141 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.200321.099 DO - 10.2991/assehr.k.200321.099 ID - Byvaltseva2020 ER -