Legal Opinions of Settlement Agreement by Procurator

DOI

10.2991/assehr.k.200321.099How to use a DOI?

Keywords

civil process, adjudicatory proceeding, settlement agreement, procurator

Abstract

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.

Copyright

© 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/).

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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  -