THE PRINCIPLE OF PRIVATE INITIATIVE IN CIVIL PROCEEDING AND ITS LIMITS & RESTRICTIONS

Only the parties may institute a proceeding. They may put an end to the latter prior to its extinction by virtue of the court's decision or by virtue of the law. This is the principle, but it has some limits and restrictions by influences of social concepts of civil justice and the aim of administration of Law. Then the Judge also has the same right exceptionally. Forms and Times Limits, Judge's power to directing the proceeding & finally ensuring the performance of good faith in civil proceeding have restricted our mentioned principle. We believe that all limits and restrictions can justify a theory which called The Cooperation of Parties and Judge Theory in Civil Proceeding.