Writ as a simplified form of civil procedure. Writ of execution

Елизавета Камзина

Николай Камзин

The idea of the simplified production, the need in certain cases, the «saving process» is certainly positive, but translating this idea into reality is possible only if the reasonable balance of security and economy. Writ – a court order, while the executive document, passed by a single judge on the basis of an application to recover money or for the recovery of personal property from the debtor to the requirements of the indisputable nature of the resulting documentary evidence of their creditor claims against the debtor. This is a simplified form of civil procedure used for the rapid and economical treatment of attention to the violation of state law if the creditor settlement of private law relations between the parties and some other chance. Core of this institution is that it is functionally a court decision in a particular case. But procedurally, on his receipt of the lender expends much less effort than he would have spent, as usual rebuilding their violated right.

Nikolay L. Kamzin, Elizabeth L. Kamzina, Oksana Kamzina

Writ as a simplified form of civil procedure. Writ of execution

Introduction

From the content of the concept of «social contract» (Hobbes), in our minds is modeled following picture – people in a state of «Bellum omnium contra omnes»[1 - Гоббс Т. Левиафан, или материя, форма и власть государства церковного и гражданского Т.2. М.: Мысль. 1991. С.86.](the war of all against all), based on the basic instinct of «self» conclude an agreement on the formation of the NGO – State in which they, as founders, become citizens. The state provides them a stable and peaceful coexistence and development, and they support the functioning of the state through education of management and implementation mechanisms of power, through the funding of the structure.

Mechanisms for the implementation of government (the main issues addressed in the state) – the rules of conduct in relation to the management of social processes. Governments and citizens – subjects of these relations. Content of their powers and are of corresponding security measures.

With the development of the state, it highlighted the scope of citizens, there are external contacts. Citizens are becoming more of freedom in their activities because of their presumption civilized behavior. And the state due to the presence of an obligation arising from an В«agreementВ» provides the mechanisms to maintain stability.

The Company was formed, and secondly, due to the proprietary instincts of man (first of all, thanks to self-preservation instinct). Д.В. Дождев on the contumacy property and personality, wrote: «The property constitutes the subject of legal communication – free individual, providing him financial independence»[2 - Дождев Д.В. Римское частное право. М. 2002. С. 379.].

The right of ownership is the most important concept. Legislator in the Basic Law is reflected in Part 2 of Art. 8 and Part 1 of Art. 35.

According to Part 3 of Art 35 Russian Constitution, no person shall be deprived of his possessions except by court order. To implement the law properly, you need a mechanism that in view of the characteristics of the violated rights would restore balance to the relationship.

The relevance of the research topic due to the fact that the institution of a court order and is by this mechanism. This is a simplified view of production cost in the aspect of time and money, undeniable. With the help of a violation of law arising out of legal relationships that are settled in private, and some other method, is drawing attention of the state and claimed by the creditors to recover from the debtor's money or personal property.

In the author's attention is focused on the following issues: the history and development of the injunction and its esse