Table of contents (expand)
- The concept of civil process (legal proceedings). Tasks, types and stages of civil proceedings
- The concept of civil procedural law: subject, method and system
- Sources of civil procedural law
- The concept, meaning and classification of the principles of civil procedural law
- Civil procedural norms (concept, types, features, structure). Effect of civil procedural rules in time and space
- The essence, main features and significance of the civil procedural form: concept, features, meaning and consequences of its violation
- The place of civil procedural law in the system of Russian law. Process science
- Concept, prerequisites for the emergence and structure of civil procedural legal relations
- Features of civil procedural legal relations
- Subjects of civil legal relations. Internal affairs bodies as participants in civil proceedings
- The concept of persons participating in the case. Civil procedural capacity and legal capacity
- Hand
- Third parties
- Participation of a prosecutor in civil proceedings
- Participation of state bodies, local governments, organizations and citizens defending violated or contested rights, freedoms and legally protected interests of other persons
- The concept, goals and types of representation in civil proceedings
- Powers of judicial representatives and their execution
- The concept and types of judicial jurisdiction
- The concept and type of jurisdiction
- The procedure for resolving issues of jurisdiction. Change of jurisdiction
- The concept of court costs. State duty
- The costs associated with the consideration of the case
- Distribution of court costs
- Procedural deadlines
- The concept of a claim. Subject, grounds and content of the claim. Types of claims
- Right to sue
- Complaint and procedure for filing a claim
- Securing the claim
- Concept and classification of court evidence
- Subject and means of proof
- Evidence Process
- Essence, meaning and tasks of preparing a case for trial
- Proceedings to prepare the case for trial
- Appointment of a case for hearing. Court Notices and Summons
- The value of litigation. Procedure for holding a court session
- Postponement of the trial
- Suspension of proceedings
- Ending a Case Without Judgment
- Minutes of the court session
- Judgment. Judicial determination
- The essence of the judgment, its types
- Requirements for a Judgment
- Elimination of shortcomings of the judgment by the court that issued it
- The entry into force of the court decision
- Determination of the court of first instance
- The concept and significance of absentee proceedings
- Content and validity of default judgment
- Protection of the rights and interests of the defendant in absentia proceedings
- The concept and meaning of writ proceedings
- The procedure for issuing a court order
- The procedure for issuing and the content of the court order
- Appeal (proceedings to review decisions and rulings of magistrates)
- Procedural procedure for considering cases arising from administrative legal relations
- The concept and essence of special production. Types of cases of special proceedings
- Establishment of facts of legal significance
- Recognition of a citizen as missing and declaration of death
- Recognition of a citizen as partially capable or incapacitated
- Recognition of property as ownerless
- Restoration of rights under lost bearer documents (call proceedings)
- Cases on establishment of adoption (adoption) of children
- Finding Incorrect Vital Records
- Complaints about notarial acts or refusal to perform them
- The concept and tasks of cassation proceedings
- The right to cassation appeal against court decisions
- Procedure for filing and consideration of cassation complaints and protests
- Powers of the court of cassation
- Grounds for annulment of judgments
- Determination of the court of cassation
- Appealing (making a submission) rulings of the court of first instance
- The concept and tasks of production in the supervisory instance
- The procedure for initiating proceedings in the supervisory authority
- Contents of the complaint, presentation of the prosecutor
- The order of consideration of the case in the supervisory instance
- Determinations and decisions of the courts considering the case in the supervisory instance
- The concept, features and grounds for reviewing decisions, rulings and decrees that have entered into legal force based on newly discovered circumstances
- The procedure for initiating and reviewing cases based on newly discovered circumstances of decisions, rulings and decrees that have entered into legal force
- The essence of enforcement proceedings
- Enforcement mechanism
- Enforcement measures
- Expenses for carrying out enforcement actions. Responsibility for violation of legislation on enforcement proceedings
- Arbitration court: essence, tasks, organization, structure and competence
- Participants of the arbitration process
- Proceedings in the arbitration court of first instance. Revision of decisions of arbitration courts
- Proceedings in cases involving foreign persons
- Features and types of arbitration courts
- The procedure for consideration of disputes in the arbitration court
- The order of execution of the decision of the arbitration court
- Organization and competence of a notary in Russia
- Certification of transactions by a notary
- General rules of notarial proceedings
59. RESTORATION OF RIGHTS ON LOST BEARER DOCUMENTS (CALL PROCEEDINGS)
Restoration of rights on lost bearer documents is carried out by means of a court decision.
Documents on which the rights can be restored by the court:
1) bank savings books to bearer;
2) safe certificates of acceptance for storage of bonds of state loans;
3) order securities.
Loss of a document - not only the complete absence of the document, but also the loss of signs of payment due to its improper storage or for other reasons.
In the event of the loss of a document, a person who has lost a bearer document or an order valuable document may apply to the court at the location of the institution that issued the document with an application to recognize the lost document as invalid and to restore rights under it.
In an application for invalidating a lost bearer or order security and for restoring rights thereon, the signs of the lost document, the name of the person who issued it, as well as the circumstances under which the document was lost, the applicant's request to prohibit the person who issued the document from making payments or issuing on it.
The judge who accepted the application shall issue ruling on prohibition to the person who issued the document to make payments or issuance on it, as well as to publish it in a local newspaper at the expense of the applicant. These actions are performed in order to offer the holder of the document, the loss of which is declared, before the expiration of the 3-month period, to file a claim with the court about their rights to this document. If an application is received from the holder of the document, the court leaves the application filed by the person who lost the document without consideration. In addition, in this case, the court establishes a period during which the person who issued the document is prohibited from making payments and issuance under the document.
The applicant has the right to file a claim against the holder of the document for the recovery of the document, and the holder of the document has the right to recover from the applicant the losses caused by prohibitive measures. Such consequences occur on the condition that the holder of the document has filed an application with the court about his rights to the document, substantiated the request contained in the application, and submitted the original document to the court.
If, after a three-month period from the date of publication, no application is received from the holder of the document, the court satisfies the request of the applicant who has lost the document and makes a decision to recognize the lost document as invalid. This decision is the basis for issuing a new document to the applicant to replace the invalid one.
For some reason, the holder of the document may not declare in a timely manner his rights to a bearer document in respect of which a court decision has been made to declare it invalid. In this case, after the entry into force of the decision, the holder of the document may bring a claim for unjustified acquisition or saving of property against the person who is recognized as having the right to receive a new document to replace the lost one.
Author: Gatin A.M.
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