Author: Publisher:
ISBN:
Category :
Languages : en
Pages : 1968
Book Description
European Civil Practice
Author: European Civil Practice
Author: Stephen O'MalleyPublisher:
ISBN: 9780421473300
Category :
Languages : en
Pages : 350
Book Description
European Traditions in Civil Procedure
Author: C. H. van RheePublisher: Intersentia nv
ISBN: 905095491X
Category : Civil law
Languages : en
Pages : 362
Book Description
European co-operation has resulted in many new and challenging opportunities for legal scholars who, since the so-called 'codification period', have become used to operating in a purely national context. This applies also to scholars in the field of civil procedure, who, for a considerable period of time, have resisted leaving the purely national domain. These scholars have devoted a great deal of attention to the question whether or not harmonisation of civil procedural law is a feasible option, and, if so, in what manner harmonisation should be achieved. The contributors to this book seek to further the harmonisation debate by exploring some of the main trends in the development of civil procedural law during the last two centuries in several European countries (Germany, Austria, Switzerland, France, England and Wales, The Netherlands and Belgium). Two of the central issues that are addressed by the contributors are the extent to which the various procedural models have influenced each other and the extent to which common traditions in civil procedural law may be distinguished in Europe. Each general chapter in this book is supplemented by three chapters devoted to specific procedural topics: Conciliation, Party Interrogation as Evidence and the Role of the Judge. In addition, extensive bibliographical references are included.
Civil Procedure in the European Union
Author: Carlo RasiaPublisher: Kluwer Law International B.V.
ISBN: 9403503963
Category : Law
Languages : en
Pages : 370
Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the legislation and rules that determine civil procedure and practice in the European Union. Lawyers who handle transnational matters will appreciate the book’s clear explanation of distinct terminology and application of rules. The structure follows the classical chapters of a handbook on civil procedure: beginning with the judicial organization of the courts, jurisdiction issues, a discussion of the various actions and claims, and then moving to a review of the proceedings as such. These general chapters are followed by a discussion of the incidents during proceedings, the legal aid and legal costs, and the regulation of evidence. There are chapters on seizure for security and enforcement of judgments, and a final section on alternative dispute resolution. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Succinct, scholarly, and practical, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in the European Union will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of civil procedure in the international context.
European Civil Practice
Author: Stephen O'MalleyPublisher:
ISBN: 9780421262904
Category : Civil law
Languages : en
Pages : 1968
Book Description
Cross-border litigation in Europe will increase substantially with the completion of the internal market in 1992. Jurisdiction over civil and commercial disputes in the EEC is now determined by the 1968 Brussels Convention on Jurisdiction and Judgments which also regulates questions of recognition and enforcement. Initially drafted by continental lawyers for use in the original six member states of the EEC, it was later adapted to accommodate the interests of the United Kingdom and other new member states. It was incorporated into English Law by the 1982 Civil Jurisdiction and Judgments Act.
From Common Rules to Best Practices in European Civil Procedure
Author: Burkhard HessPublisher: Nomos/Hart
ISBN: 9781509918263
Category : Law
Languages : en
Pages : 464
Book Description
What road should procedural innovation take? More than 20 experts from practice and academia discuss the future of EU civil procedure, ranging from cross-border enforcement to mutual trust, from E-CODEX to Online Dispute Resolution. They offer blueprints for a reinvigorated judicial cooperation.
European Civil Practice
Author: Publisher:
ISBN: 9780421608603
Category : Civil law
Languages : en
Pages : 2752
Book Description
Civil Procedure and EU Law
Author: Eva StorskrubbPublisher: OUP Oxford
ISBN: 0191559814
Category : Law
Languages : en
Pages : 556
Book Description
The regulation of cross border civil and commercial litigation is a burgeoning EU policy area. Legislative measures and other initiatives now provide a framework for the regulation of cross border service of documents, obtaining evidence, establishing jurisdiction and enforcement of judgments, enforcement orders, legal aid, alternative dispute resolution, payment orders, and small claims. In addition, overarching measures have been enacted including the creation of a judicial network and judicial training structures. This book offers the first detailed analysis of the EU's activity in procedural harmonization, spanning civil procedure, private international law and European law. The book situates the development of the policy area and its regulation in relation to broader themes of the European integration process: market building, citizenship, fundamental rights, subsidiarity and governance. It provides a detailed analysis of the legislative measures and assesses their impact on fundamental principles of civil justice, including due process rights. The case-law in the area is also analysed, including the introduction of the principle of mutual recognition. The book concludes with a comparative analysis of the EU's approach with broader international efforts for procedural harmonization.
EU Civil Justice
Author: Burkhard HessPublisher: Bloomsbury Publishing
ISBN: 150990171X
Category : Law
Languages : en
Pages : 336
Book Description
This seventh volume in the Swedish Studies in European Law series brings together some of the most prominent scholars working within the fast-evolving field of EU civil justice. Civil justice has an impact on matters involving, inter alia, family relationships, consumers, entrepreneurs, employees, small and medium-sized businesses and large multinational corporations. It therefore has great power and potential. Over the past 15 years a wealth of EU measures have been enacted in this field. Issues arising from the implementation thereof and practice in relation to these measures are now emerging. Hence, this volume will explore the benefits as well as the challenges of these measures. The particular themes covered include forum shopping, alternative dispute resolution, simplified procedures and debt collection, family matters and collective redress. In addition, the deepening of the field that continues post-Lisbon has occasioned a new level of regulatory and policy challenges. These are discussed in the final part of the volume which focuses on mutual recognition also in the broader European law context of integration in the Area of Freedom, Security and Justice.
ELI – Unidroit Model European Rules of Civil Procedure
Author: European Law InstitutePublisher: Oxford University Press
ISBN: 0192636391
Category : Law
Languages : en
Pages : 448
Book Description
This volume was developed as part of a cooperative project of the European Law Institute (ELI) and the International Institute for the Unification of Private Law (Unidroit), dealing with civil procedure law. The long-term project began in February 2014, as a joint endeavour to adapt the American Law Institute/Unidroit Principles of Transnational Civil Procedure to the European legal environment, and ended in 2020 with the approval of the ELI-Unidroit Model European Rules of Civil Procedure. Featured in this volume, the Rules are accompanied by comments. They take into account the diverse traditions in Europe concerning civil procedure law and aim to find a common thread in them. Therefore, they not only consider the similarities but also the differences in order to gain a solution that does not favour one legal system but combines aspects of them all, fostering effectiveness and fairness in civil procedure. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.
