Opportunities of the modernization of the procedure of the securing a claim

Research output: Contribution to conferenceAbstractpeer-review

Abstract

Within the framework of autor's scientific activity, the author conducts a research with the aim to identify the existing problems in the legal regulation of securing a claim in Latvia, incl. examining the compliance of the existing procedural rules for securing a claim with the crisis conditions caused by the restrictions of the Covid-19 pandemic. The aim of the work is to conduct research and analysis of the legal regulation of the procedure of securing a claim in order to prepare a scientific substantiation for the solving of the issues of the problems of the securing a claim. In the research, using the analytical, descriptive and deduction / induction method, were analysed the normative acts and the valid Latvian Civil Procedure Law. Appreciating of the legislation relating to the procedure of the securing a claim is found that the regulation of the securing a claim in several cases does not meet the conditions of crisis caused by the restrictions of the Covid-19 pandemic. For example, consideration of the question about cancelation of the securing a claim appointing a court hearing hinders consideration of this issue, if it is recommended not to hold a court hearing during an emergency situation, thus causing significant damage to the defendant, if the securing a claim was ungrounded. Current regulation of the securing a claim is not economic and therefore ineffective, several procedural solutions of the securing a claim, such as entering a mark of the securing a claim in public registers, are outdated, do not work fully and require urgent modernization, therefore a special attention should be paid to improving Latvian civil procedure regulations, incl. in several cases, allowing courts to examine cases, related to securing a claim in a written proceeding without holding court hearings.
Original languageEnglish
Pages25
Publication statusPublished - 24 Mar 2021
EventRSU Research week 2021: PLACES - Rīga, Latvia
Duration: 25 Mar 202125 Mar 2021
https://rw2021.rsu.lv/conferences/places

Conference

ConferenceRSU Research week 2021: PLACES
CountryLatvia
CityRīga
Period25/03/2125/03/21
Internet address

Field of Science

  • 5.5 Law

Publication Type

  • 3.4. Other publications in conference proceedings (including local)

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