The Interest in the Law of Civil Procedure
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Abstract
The article analyses scientific theories, which explain the conception of interest. It is concluded that the interaction theory is best to explain the interest in the law of civil procedure.
The article objects the opinion that interests may exist in their subjective form only and that they may only be identified with their perception in the consciousness. The law of civil procedure finds the concept of objective interest more acceptable.
The interest as an objective category (objective interest) expresses that what determines objectively the entrenchment of the social position of a subject of social relationships as well as positive changes of such social position. The article defines the interest as an objectively existing social need. Legal interests are discerned in classification of interests by means of their satisfaction. It is inferred that a legal interest is an objectively existing social need that is protected by law and defended by law enforcement institutions and that is formed by social conditions and satisfied by legal means.
In order to analyse problems of the concept of interest in the law of civil procedure, legal interests are classified into substantive legal interests and procedural legal interests. A substantive legal interest is first of all an interest protected by subjective substantive rights. However, subjective substantive law is not the only form of protection of the interest. Its protection is guaranteed not only by subjective substantive rights: it is also secured when the court defends directly an interest protected by law in case a holder of the interest does not have any subjective substantive rights.
The above attitudes enabled the author to analyse a substantive legal interest as an object of judicial protection in its broad and narrow sense. Broadly speaking, the concept “substantive legal interest” includes the interests both legitimized by subjective substantive rights and not. In their narrow sense, substantive legal interests mean social needs protected by laws and not granting their holders any subjective substantive rights: they only allow their holders to apply for judicial or other legal defence. Perception of a substantive legal interest in its broad and narrow sense allows better understanding and defining the concept of substantive legal interest and drawing corresponding conclusions.
A procedural legal interest is an objectively existing, based on legal norms social need for the civil procedure. This interest is divided into an individual procedural legal interest and a public procedural legal interest.
A procedural legal interest and a substantive legal interest, which is an object of judicial defence, are closely related.
Their unbroken connection manifests in the fact that a procedural legal interest can exist only when there is a possibility of a substantive legal interest as an object of judicial defence. If there are no preconditions for judicial defence, such judicial proceedings have no object. Such procedure is objectless and impossible. Presence of a substantive legal interest proves the existence of a procedural legal interest.
The article objects the opinion that interests may exist in their subjective form only and that they may only be identified with their perception in the consciousness. The law of civil procedure finds the concept of objective interest more acceptable.
The interest as an objective category (objective interest) expresses that what determines objectively the entrenchment of the social position of a subject of social relationships as well as positive changes of such social position. The article defines the interest as an objectively existing social need. Legal interests are discerned in classification of interests by means of their satisfaction. It is inferred that a legal interest is an objectively existing social need that is protected by law and defended by law enforcement institutions and that is formed by social conditions and satisfied by legal means.
In order to analyse problems of the concept of interest in the law of civil procedure, legal interests are classified into substantive legal interests and procedural legal interests. A substantive legal interest is first of all an interest protected by subjective substantive rights. However, subjective substantive law is not the only form of protection of the interest. Its protection is guaranteed not only by subjective substantive rights: it is also secured when the court defends directly an interest protected by law in case a holder of the interest does not have any subjective substantive rights.
The above attitudes enabled the author to analyse a substantive legal interest as an object of judicial protection in its broad and narrow sense. Broadly speaking, the concept “substantive legal interest” includes the interests both legitimized by subjective substantive rights and not. In their narrow sense, substantive legal interests mean social needs protected by laws and not granting their holders any subjective substantive rights: they only allow their holders to apply for judicial or other legal defence. Perception of a substantive legal interest in its broad and narrow sense allows better understanding and defining the concept of substantive legal interest and drawing corresponding conclusions.
A procedural legal interest is an objectively existing, based on legal norms social need for the civil procedure. This interest is divided into an individual procedural legal interest and a public procedural legal interest.
A procedural legal interest and a substantive legal interest, which is an object of judicial defence, are closely related.
Their unbroken connection manifests in the fact that a procedural legal interest can exist only when there is a possibility of a substantive legal interest as an object of judicial defence. If there are no preconditions for judicial defence, such judicial proceedings have no object. Such procedure is objectless and impossible. Presence of a substantive legal interest proves the existence of a procedural legal interest.
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Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
