Settlement(redirected from viatical settlement)
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a procedural action agreed upon by the parties to a civil case which involves submitting to the court for ratification a contract concerning conditions for resolving the legal dispute.
According to Soviet law, settlements differ from out-of-court settlements which are concluded by the disputing parties outside of the court and are not submitted to the court for ratification. Settlements may be concluded in disputes arising from civil, labor, kolkhoz, and other legal relationships; they may be concluded by the disputing parties and by third persons with in-dependent legal claims who are participating in the case. By ratifying the settlement, the court renders a decision that the particular case is closed; where the court refuses to ratify a settlement, the case continues to be heard. Persons involved in the case have the right to appeal, and the procurator may also lodge a protest of the court’s findings with respect to any settlement.
With the court’s ratification of a settlement, a second hearing of the dispute between the same parties concerning the same subject and on the same grounds is precluded. If one party evades voluntary fulfillment of obligations according to the settlement, compulsory execution in the general manner is admissible. Settlements are also concluded in arbitration proceedings and comrades’ courts and before arbitration tribunals.
(in Russian, poselok), in the USSR, a low-level administrative-territorial unit designating a community located outside a city’s limits. There are three types of settlements: workers’, resort-type, and dacha.
Workers’ settlements are communities located at large plants, mines, power plants, construction sites of large hydraulic-engineering installations, and other projects and having no less than 3,000 residents. At least 85 percent must be workers and office employees and members of their families.
Resort-type settlements are communities situated in localities with a curative environment and having a population of at least 2,000. The number of people who come annually for treatment and rest to these settlements must total at least 50 percent of the permanent population. Dacha settlements are vacation communities for city dwellers, in which not more than 25 percent of the adult population is continually engaged in agriculture.
In statistical literature all three types of settlements are sometimes combined under “urban-type settlement.” By January 1974 there were 3,700 settlements in the USSR.
in civil cases in the Anglo-Saxon countries, an agreement between parties by virtue of which a court case is terminated before a decision is reached. If one party does not fulfill the conditions of the settlement, the court can enforce the conditions.