The Procedural and Legal Consequences of an Unapproved Settlement Agreement in the Lawsuit

• Main Author: Abushenko Dmitry
• Format: Article
• Language: English
• Published: VD Dakor 2019-09-01
• Series: Access to Justice in Eastern Europe
• Subjects: settlement agreement; court`s refusal to approve a settlement agreement; legal consequences of a court ruling; prejudice; res judicata; exclusivity as a property of legal force of a court ruling; court costs; reimbursement of legal expenses to a third party; optional substantive dispute
• Online Access: http://ajee-journal.com/upload/attaches/att_1569575732.pdf

This article considers the issues of procedural legal consequences of settlement agreements that were not approved by the court. It researches the fundamentally different models of legislative regulation that could be applied to settlement agreements signed but not approved by the court. An attempt is made to identify certain features of the legal force of a judicial decision on the refusal to approve a settlement agreement. Special approaches are justified to resolve some specific issues arising in the distribution of court costs.