Contracts in the Civil Process

This master's thesis is in the field of theoretical and practical issues of a conception of procedural agreements in a civil procedure. Though contractual regulation of procedural relationships decreases the caseload of courts and though procedural agreements are used widely in court proceedings, there is no common approach to understanding and the content of the institute of procedural agreements. In this research different approaches to a procedural agreement definition, its essential features are analyzed. Also essential differencies between procedural agreement and civil law contract are emphasized. Different approaches to classification of procedural agreements are researched, a brief description of widely used procedural agreements in a civil procedure is provided. Cases provided (caselaw of commercial (arbitrazh) and general jurisdiction courts) show the application of rules regulating procedural agreements. Also on the basis of that cases problems challenging courts and parties to the proceedings are stated.