| Article | Regarding the Issue in the Essence of Procedural Agreements (Contracts) |
|---|---|
| Authors | Prytyka Yu. |
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 2 / 2014 |
| Pages | 197 - 210 |
| Annotation | The controversial matters concerning the concept of procedural agreements, which include a settlement agreement, an arbitration agreement, prorogatory agreements (an agreed jurisdiction) and a mediation agreement are covered in the article. The notion and the characteristics of the procedural agreements are defined. Expanding the use of contractual structures in a procedural area enables to state that there is a steady increase in the number of contracts in civil, commercial and administrative processes. Contracting of agreements is an independent regulation of relations between parties in a trial through conclusion of agreements. A public policy and an interest of society in fair justice are the boundaries of conclusion of agreements (contracting). A legal nature of the arbitration agreement is covered through four main concepts, i.e. «contracting», «procedural», «mixed», «autonomous». Researching the legal nature of a settlement agreement enables us to conclude that the extrajudicial (out-of-court) settlement agreement is a substantive institute, while judicial settlement agreement is related to procedural agreements. |
| Keywords | civil law, civil procedure, a conclusion of an agreement (contracting), procedural agreement, arbitration agreement, settlement agreement. |
| References | |
| Electronic version | Download |