Research on the Deterministic Effect of Non-contentious Ruling
Date Issued
2012
Date
2012
Author(s)
Lin, Hong-Yi
Abstract
The thesis mainly focuses on the nature of non-contentious ruling, especially the aspect on the effect of non-contentious ruling. As we know, there are two parts of the effect, one is indisputable deterministic effect, and the other is binding force. Both of them will be tackled substantially and separately. First, in addition to discussion with the time of valid ruling in Chapter One, changeable character of the ruling, the appealing and rehearing procedure are included as well.
Besides, through the observation on the classification of non-contentious cases, some of them contain contentious character, which is akin to that of civil procedure that puts more efforts on determine the civil rights among people. Originally, non-contentious trial theory dominates the whole non-contentious case law; however, some scholars propose the theory of alteration between procedural principles to renew the life of non-contentious case law. With this fresh theory accompanied with the notion of procedural protection used to legitimatize binding force, the thesis goes deep into scrutiny of practice and current law development. Eventually, the thesis endeavors to form some conditions on recognition of binding force of non-contentious ruling.
Subjects
non-contentious cases
non-contentious ruling
alteration between procedural principles
procedural protection
binding force
Type
thesis
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