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The development of capitalist relations has caused the improvement of legislation, more and more detailed development of various legal institutions. In the 19th century in the procedural law of some European countries there are institutions on the undisputed foreclosure documents similar to writ proceedings. Considering the system of court orders and remind production in the Western European legislation, К.И. Малышев singled out executive orders or unconditional (applied in the enforcement process – a writ of execution and summons of the performance) and conditional orders or reminders (served for the preparation of an order by a reminder). Issuance of these and other orders permitted by unilateral request of an applicant, without calling the defendant and without hearing his explanations. As a consequence, unconditional order could be issued only on the basis of acts that are enforceable or apply to the executive production, and conditional order, as a simple reminder to the debtor of the need to satisfy the requirements issued on all debts, regardless of the strength of the executive acts to which they are based.
A conditional order is an alternative command to the court that the defendant or performed some action, for example, paid the debt collector or, if there were any objections, said to them. If at a certain time of the dispute is not stated, the order addressed to enforcement. Conditional orders served to verify the indisputable duty and allowed to quickly restore the violated right, while avoiding the numerous stages of manufacture of claim.
In an all-German during the proceedings in the case of procrastination indisputable claimants were overcome by the use of so-called summary proceedings. «The combined processes – said I.E. Engelmann, – meet the needs of accelerating recovery that, in contrast to the usual, decision or order of payment, under penalty of causative execution, decides on the basis of the presented document without exporting and listening to a debtor who is granted only to defend themselves clear evidence of payment or proof of the spuriousness of the document». Thus, the decision could be made only on the basis of written documents, reliability is presumed[6].
In England, the procedure of Summary in a civil suit was covered by the Rules of the Supreme Court. Such production existed in the framework of claim and could be applied where the plaintiff urged the court to the fact that, firstly, the cause of action cannot be refuted by the defendant, and, secondly, the claim by the defendant cannot be challenged. Between the parties should not be any significant dispute about the actual circumstances of the case or the legal. The plaintiff presents the court a written statement which justifies his belief that the defendant cannot challenge presented demands, presents arguments proving grounds the suit and the amount of money it requires recovering, asking for the lawsuit in a simplified manner. A copy of the incoming application is sent to the defendant, who may challenge him to prove that he has to challenge himself brought by the suit.