Optionality


Also found in: Dictionary, Thesaurus, Legal.

Optionality

 

a principle of civil procedure according to which the parties in civil proceedings freely dispose of their material and procedural rights.

In Soviet civil procedure the principle of optionality is established by the 1961 Fundamental Principles of Civil Procedure of the USSR and Union Republics. For example, Article 24 establishes the right of the plaintiff to change the basis or object of the suit, to increase or decrease the amount of the actionable claims, or to renounce the suit. The Fundamental Principles of Civil Procedure give any interested person the right to turn to the court for the protection of a violated or disputed right or an interest protected by law. They also establish the obligation of the court to undertake a review of the civil case following such an application. At the same time there are certain limits to the principle of optionality in order to prevent unfavorable consequences that could arise owing to the parties’ lack of legal information or to other factors. Optionality is therefore combined with the obligation of the procuracy and certain other agencies to protect the rights and legal interests of citizens and with the active role of the court. For example, the court is obligated to take all measures provided by law—not limiting itself to the materials and explanations submitted to it—-in order to thoroughly, completely, and objectively clarify the circumstances of the case and the rights and duties of the parties, to explain to the participants in the case their rights and duties, and to warn them of the consequences of procedural actions.

The principle of optionality is also operative to a certain extent in criminal procedure. For example, according to Soviet law, so-called private and private-public complaint proceedings are generally instituted only on the complaint of the victim, and private complaint cases may be stopped when the victim and the accused are reconciled.

The principle of optionality is one of the most important in the civil procedure of the socialist countries. This principle has also been declared in the legislation of most bourgeois states.

I. D. PERLOV

References in periodicals archive ?
Optionality is a debated issue in both theoretical and applied proposals within the Minimalist framework.
Corporate optionality limitations can arise from all flavors of financing elections.
Another challenge is "building flexibility and optionality into everything.
I propose correcting that deficiency by adjusting the entire GATSM term structure with an explicit function of maturity that represents the optionality associated with the present and future availability of physical currency.
This amendment provides us with additional optionality in our mission to maximise profitability and shareholder value.
When the IPO process itself begins, maintaining optionality around these alternatives as well as optimising the equity story and selection, management and incentivisation of book-runners, is critical.
Its flexible structure is designed to provide us with greater strategic optionality and is intended to offer substantial opportunities in a highly competitive and rapidly changing options environment.
Recently, I have been taking heed of "royalty-based financing"--the process of lending against a company's future revenue stream, as another option to increase the optionality of positive outcomes.
We have a sound platform for growth with significant optionality in our investment programme.
We believe the company will have better optionality for growth investments, including investing in new commodities, while continuing to offer the highest yield in the sector.
Topics include an introduction to the program, a novel view of feature movement, true optionality, focus and clause structure, symmetry in syntax, Japanese topic construction in the syntax-semantics interface evidence for phases, label-free syntax, binding domains, Japanese passives, the long passive, null arguments and case-driven agree in Turkish, tough-movement and Spanish existentials and other accusative constructions.