몽골 민사소송법전에 관한 소고(小考)(I)

Abstract

Mongolia enacted its Civil Procedure Act in 1994 along with its transition from Socialism to Democracy in 1992. The Act was amended on January 10, 2022, for the first time in its history, and this amended one is the current version of the Act. The goal of this research, “Review on Mongolian Civil Procedure Act” is to review specific parts of the current version of Civil Procedure Act. To that end, this article first examines history of Mongolia and the nation's Civil Procedure Act. Specifically, it focuses on differences in Civil Procedure Act in general and civil disputes under Socialism-based Civil Procedure Act and Democracy-based one based on statistics data. Then this article reviews specific parts of Mongolian Civil Procedure Act. Last part of this research consists of suggestions for development of the Act. Because of limit on the pages allowed for this article, this research project will be published through several articles. The first part of this series, “Review on Mongolian Civil Procedure Act (Part 1), covers current legal, political, and social circumstances in Mongolia (I.); History of Mongolia and Civil Procedure Act (II.); Brief introduction of current Mongolian Civil Procedure Act that has seven Books, twenty Chapters, and one hundred and ninety fife Articles in total (III.); and Explanation on the specific parts of the current Mongolian Civil Procedure Act (IV.). These specific parts covered consist of (1) General principles (Articles 1 through 11); (2) Judicial authority and Jurisdictions in civil cases (Articles 12 through 21); (3) Parties (Articles 22 through 36). Remaining parts of the current Mongolian Civil Procedure Act will be reviewed in the forthcoming articles of this research project.