Civil Procedure And Harmonisation Of Law

Author : Anna Nylund,Magne Strandberg
Publisher : Unknown
Page : 242 pages
File Size : 54,6 Mb
Release : 2019
Category : Civil procedure
ISBN : 178068830X

Get Book

Civil Procedure and Harmonisation of Law by Anna Nylund,Magne Strandberg Pdf

A range of international and European Union legal instruments exert influence on the national civil procedure rules of European Union member states. Some specifically aim for the harmonisation of national procedural law across Europe, while others primarily focus on facilitating cross-border litigation, enforcing rights or setting minimum standards. However, often the same time instruments cause fragmentation, reduce coherence and challenge prevailing concepts and doctrines of national civil procedure law. With a view to carefully selected North Western jurisdiction (EU and EEA member states) this book explores how EU, EEA, and international legislation, judicial activism on EU and national level, and new soft law instruments affect national civil procedure law and how, in turn, national rules may impact the development of international instruments. How are the respective countries affected by a particular (EU) regulation? Has the regulation generated changes of the national law? Are European rules, or national rules following from them, applied in court practice? Are there differences in the approach towards implementation and application of EU law, and if so why and with what consequences? Do international influences serve as an impetus for national reforms, or are they implemented mechanically? Do hard law approaches produce more harmonisation or convergence than soft law approaches? Anna Nylund is Professor of Law at the University of Tromsø - The Arctic University of Norway, where she leads the Research Group for Procedural Law and Dispute Resolution. She is a member of the board of the Nordic Association of Procedural Law. Magne Strandberg is Professor of Law at the University of Bergen where he leads the Research Group for Civil Procedure Law. He also is a member of the ELI-UNIDROIT working groups on 'From Transnational Principles to European Rules of Civil Procedure'.

Author : X.E. Kramer,C.H. van Rhee
Publisher : Springer Science & Business Media
Page : 381 pages
File Size : 51,5 Mb
Release : 2012-02-01
Category : Law
ISBN : 9789067048170

Get Book

Civil Litigation in a Globalising World by X.E. Kramer,C.H. van Rhee Pdf

Globalization of legal traffic and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may consequently jeopardize access to justice. This triggers the debate on the need for harmonization of civil procedure. In recent years, this debate has gained in importance because of new legislative and practical developments both at the European and the global level. This book discusses the globalization and harmonization of civil procedure from the angles of legal history, law and economics and (European) policy. Attention is paid to the interaction with private law and private international law, and European and global projects that aim at the harmonization of civil procedure or providing guidelines for fair and efficient adjudication. It further includes contributions that focus on globalization and harmonization of civil procedure from the viewpoint of eight different jurisdictions. This book is an unique combination of theory and practice and valuable for academic researchers in the area of civil procedure, private international law, international law as well as policy makers (national and EU), lawyers, judges and bailiffs.

Author : C. H. van Rhee
Publisher : Intersentia nv
Page : 362 pages
File Size : 44,6 Mb
Release : 2005
Category : Civil law
ISBN : 9789050954914

Get Book

European Traditions in Civil Procedure by C. H. van Rhee Pdf

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.

Author : Fernando Gascón Inchausti,Burkhard Hess,Esther Sánchez Coro
Publisher : Unknown
Page : 0 pages
File Size : 44,7 Mb
Release : 2020
Category : Civil procedure
ISBN : 1780688598

Get Book

The Future of the European Law of Civil Procedure by Fernando Gascón Inchausti,Burkhard Hess,Esther Sánchez Coro Pdf

This book provides precious insight into the dynamics of this new approach to consolidating European Civil Justice, clearly outlining the motivations of the various national and institutional players involved and examining potential obstacles likely to be encountered along the way. The book represents a work of reference for anyone involved in academia, practice or law reform in this subject area.

Author : Anna Nylund,Magne Strandberg
Publisher : Unknown
Page : 0 pages
File Size : 47,9 Mb
Release : 2019
Category : Civil procedure
ISBN : 1780686935

Get Book

Civil Procedure and Harmonisation of Law by Anna Nylund,Magne Strandberg Pdf

This book explores how EU and international civil procedure rules (hard law, soft law, and judicial decision) shape national civil procedure law of the EU member states.

Author : Burkhard Hess,Xandra E. Kramer
Publisher : Nomos Verlag
Page : 486 pages
File Size : 44,8 Mb
Release : 2017-12-08
Category : Law
ISBN : 9783845285214

Get Book

From common rules to best practices in European Civil Procedure by Burkhard Hess,Xandra E. Kramer Pdf

Zwanzig Jahre nach der Verabschiedung des Amsterdamer Vertrags über die justizielle Zusammenarbeit in Zivilsachen wurden vom europäischen Gesetzgeber zahlreiche Instrumente des EU-Zivilprozessrechts entwickelt, die heute in der nationalen Rechtsprechung fest verankert sind. Diese Instrumente haben einen grenzüberschreitenden Raum der Rechtssicherheit geschaffen, dem Bürgerinnen und Bürger sowie und Unternehmen vertrauen können. Das vorliegende Buch fragt nach den "best practices" gemeinsamer Regeln und Praktiken. Inspiriert von der Verschiebung des Schwerpunkts von der Schaffung neuer Rechtsvorschriften hin zu einer Konzentration auf die konkrete Umsetzung, bietet der Band einen Überblick über einen einheitlichen europäischen Rechtsraum und seinen Regeln.

Author : Masahisa Deguchi,Marcel Storme
Publisher : Garant
Page : 361 pages
File Size : 53,8 Mb
Release : 2008
Category : Civil procedure
ISBN : 9789046601518

Get Book

The Reception and Transmission of Civil Procedural Law in the Global Society by Masahisa Deguchi,Marcel Storme Pdf

In modern times, the civil procedural laws of every country have been influenced by those of other countries. For instance, the Japanese legal system was itself influenced by Chinese culture and later developed independently under the policy of national isolation. And since 1868, Japan has modernized its civil procedural law, using French, German, and American law as its models. Japan has recently tried to contribute by way of legislative and legal educational assistance to other Asian countries (Vietnam, Cambodia, etc.) in civil and procedural law. The civil procedural laws of different countries should be expected to harmonize with each other in the global society. This book is the outcome of the Congress of the International Association of Procedural Law at the Ritsumeikan University in Kyoto, Japan. In this book, various outstanding contributors are treating a contemporary legal problem in their own civil procedural systems, including examples from India, the Netherlands, Korea, Italy, China, Japan, etc.

Author : Xandra Kramer
Publisher : Eleven International Publishing
Page : 0 pages
File Size : 43,8 Mb
Release : 2013
Category : Civil procedure
ISBN : 9462361096

Get Book

Procedure Matters by Xandra Kramer Pdf

On January 20, 2012, Xandra Kramer was installed as holder of the Chair of European Civil Procedure at the Erasmus School of Law, Erasmus University Rotterdam. Kramer specializes in private international law and civil procedure, and takes an interest in empirical legal research. She has joined the Erasmus School of Law interdisciplinary research program 'Behavioral Approaches to Contract and Tort.' In her inaugural lecture, which is documented in this book, she stresses the importance of effective procedural law rules to enforce rights and act as the guarantor of fundamental rights. The enforcement of cross border rights is complicated by the huge differences in civil procedure, as well as legal and practical obstacles. These complications jeopardize the right of access to justice and fair trial, and have as a result triggered the harmonization of civil procedure. Kramer illustrates that the gradual harmonization of civil procedure within the EU is largely ad hoc and lacks both a vision and an architectural plan. The 'deconstructivism' in European civil procedure is a potential source of injustice and may endanger rather than improve access to justice. This necessitates a fundamental debate on the foundations and future architecture of European civil procedure, in which the common denominators should be: access to justice, securing quality of justice, and best practices based on empirical evidence. She urges academics to be at the forefront in creating a blueprint for the future of European civil procedure.

Author : Carlo Rasia
Publisher : Kluwer Law International B.V.
Page : 370 pages
File Size : 54,6 Mb
Release : 2022-10-20
Category : Law
ISBN : 9789403503967

Get Book

Civil Procedure in the European Union by Carlo Rasia Pdf

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.

Author : Vesna Lazić,Steven Stuij
Publisher : Springer
Page : 127 pages
File Size : 50,8 Mb
Release : 2018-07-26
Category : Law
ISBN : 9789462652521

Get Book

International Dispute Resolution by Vesna Lazić,Steven Stuij Pdf

The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div

Author : Eva Storskrubb
Publisher : OUP Oxford
Page : 556 pages
File Size : 48,9 Mb
Release : 2008
Category : Language Arts & Disciplines
ISBN : 9780199533176

Get Book

Civil Procedure and EU Law by Eva Storskrubb Pdf

Examining a burgeoning policy area of the EU - the regulation of cross border civil and commercial litigation - this title analyses the EU's specific legislative measures and assesses their impact on litigation procedure, particularly due process rights.

Author : Andrew Beck
Publisher : Thomson Brookers
Page : 323 pages
File Size : 40,5 Mb
Release : 2001-01
Category : Civil procedure
ISBN : 0864724179

Get Book

Principles of Civil Procedure by Andrew Beck Pdf

PRINCIPLES OF CIVIL PROCEDURE provides an accessible overview of how cases are presented and resolved before the courts under the District and High Court Rules. The book easily fulfils its aim of identifying the principles, themes, and practice requirements that underpin the system of civil procedure as a whole. It provides excellent insights into the diverse and significant procedural questions that come before New Zealand's courts. First published in 1992, the first edition focused on the High Court Rules. The current edition was published in 2002. It was extensively rewritten to cover major changes in the following decade, including active case management, written briefs of evidence, and harmonisation of the District Courts Rules. Primarily aimed at tertiary students who are studying law, Principles of Civil Procedure is also a handy resource for anyone who wants a concise and authoritative overview of procedure in New Zealand's courts.

Author : J. A. Jolowicz
Publisher : Cambridge University Press
Page : 444 pages
File Size : 55,6 Mb
Release : 2000-02-17
Category : Law
ISBN : 9780521584197

Get Book

On Civil Procedure by J. A. Jolowicz Pdf

Professor Jolowicz's comparative analysis of civil procedure concentrates on the purposes served by the institution of litigation rather than on the intentions of those who litigate. Stressing that those purposes go beyond mere dispute resolution by non-violent means, Jolowicz surveys a variety of topics of procedural law, making substantial use of the comparative method, in the attempt to examine and explain the ideas which underlie some of the most important of its constituent elements. In the final section, he deals with the reform of English law and ventures a prediction of the consequences that the new Civil Procedure Rules, together with the reforms which more or less immediately preceded them, will have on the character of English procedural law.

Author : Sir Jack Isaac Hai Jacob
Publisher : Unknown
Page : 359 pages
File Size : 47,6 Mb
Release : 1982
Category : Civil procedure
ISBN : 0421301104

Get Book

The Reform of Civil Procedural Law and Other Essays in Civil Procedure by Sir Jack Isaac Hai Jacob Pdf

Author : Laura Ervo,Pia Letto-Vanamo,Anna Nylund
Publisher : Springer Nature
Page : 311 pages
File Size : 46,7 Mb
Release : 2021-08-01
Category : Law
ISBN : 9783030748517

Get Book

Rethinking Nordic Courts by Laura Ervo,Pia Letto-Vanamo,Anna Nylund Pdf

This open access book examines whether a distinctly Nordic procedural or court culture exists and what the hallmarks of that culture are. Do Nordic courts and court proceedings share a distinct set of ideas and values that in combination constitute the core of a regional legal culture? How do Europeanisation, privatisation, diversification and digitisation influence courts and court proceedings in the Nordic countries? The book traces the genesis and formation of Nordic courts and justice systems to provide a richer comprehension of contemporary Nordic legal culture, and an understanding of the relationship between legal cultural stability and change. In answering these questions, the book provides models for conceptualising procedural culture. Nordic procedural culture has partly developed organically and is partly also the product of deliberate efforts to maintain a certain level of alignment between the Nordic countries. Studying Nordic cooperation enables us to gain a deeper understanding of current regional, European and global harmonisation processes within procedural law. The influx of supranational European law, increased use of alternative dispute resolution and growth in regulation density that produces a conflict between specialisation and coherence, have tangible impact on the role of courts in a democratic society, the form of court proceedings and court structures. This book examines whether and why some trends exert more tangible, or perhaps simply more perceptible, influence on procedural culture than others.