Conclusive Actions and Inaction in the Civil Procedure

Abstract

Along with oral and written procedural actions, conclusive actions (inaction) are distinguished in the civil procedure. Based on the doctrine of conclusive actions (inaction) in civil law, the signs of this legal institution are identified, examples of conclusive procedural actions (inaction) are given. In particular, it is pointed out that procedural actions (inaction) committed in a conclusive form are distinguished by the mediation of the will to generate the corresponding procedural consequences.

With regard to the construction of the norm of Part 3.1 of Article 70 of the Commercial Procedure Code of the Russian Federation, which presupposes the recognition of a fact unfavorable to the party with its passive behavior (non-dispute of the statement of the procedural opponent), the thesis is substantiated that, within the meaning of the said procedural rule, the court is indifferent to the direction of the will of the person to recognize the fact. With regard to presumptions and fictions, it is emphasized that they are independent legal instruments that solve certain local problems related to proof; at the same time, in contrast to the construction of conclusive inaction, operating with presumptions and fictions does not imply as a constituent feature taking into account the will of the disputing parties.