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Basis for securing claims and amendments that are necessary in Civil Procedure Law

  • Latvia


    Autor: Viktorija Jarkina

    Jurista Vards, 05.01.2010., Nr. 1 (596)

    In Accordance with Civil Procedure law (hereinafter - CPL) Article 137 (1) basis for securing claim is a problematic or impossible execution of a court judgment. General ruling is that, when adjudicating a matter regarding securing a claim, the court adopts a decision evaluating claimants arguments mentioned in the motivated application of securing a claim and submitted evidence if such are presented. CPL does not provide a possibility for respondent to object to claimants’ application of securing a claim and to submit its evidence thereby it can be concluded that in this phase of the process one cannot speak on parties equality of the rights. This is a reason why it is crucial to ensure fair and uniform practice in cases when claims are being secured.


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