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Default Judgment as a Modern Form of Acceleration of Russian and Foreign Civil Proceedings

Student: Krutko Mikhail

Supervisor: Maria Filatova

Faculty: Faculty of Law

Educational Programme: Lawyer in the Sphere of Justice and Law Enforcement (Master)

Final Grade: 9

Year of Graduation: 2019

The emergence of the institute of default judgment in the civil procedure law became the basis for a variety of theoretical and law-enforcement problems. The essentiality to decision on matters such as the definition of criteria for default judgment and other crucial matters creates a lot of debate among experts, resulting in a lack of consensus on them. Herein is the relevance of the study. The aim of this essay is an extensive analysis of the institute of grounds for non-pecuniary damage. In accordance with this purpose there are specific objectives: • first of all, to identify and analyze the essence of this institute; • secondly, to consider of the basic characteristics of the institution, such as foundation, procedure and methods for default judgment; • thirdly, to identify the most crucial problems of different nature related to the theory and application of this institute and find ways and means of their solution; • fourthly, to study application features. The institute of default judgment is actively applied in the legal precedents and widely discussed in the theoretical plane. This is the reason for constant attention to this institution by the leading scientists in the field of law, such as Malein (Малеин), Branlard J.-P., Cardozo B. etc.

Full text (added May 12, 2019)

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