Civil Procedure In Slovenia

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Civil Procedure in Slovenia

Ales Galic
Civil Procedure in Slovenia Book PDF

Author : Ales Galic
Publisher : Kluwer Law International B.V.
Page : 351 pages
File Size : 49,9 Mb
Release : 2020-01-14
Category : Law
ISBN : 9789403518916

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Civil Procedure in Slovenia by Ales Galic 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 Slovenia. 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 Slovenia 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.

Competition Law in Slovenia

Andrej Fatur,Klemen Podobnik,Ana Vlahek
Competition Law in Slovenia Book PDF

Author : Andrej Fatur,Klemen Podobnik,Ana Vlahek
Publisher : Kluwer Law International B.V.
Page : 192 pages
File Size : 42,6 Mb
Release : 2020-09-22
Category : Law
ISBN : 9789403526911

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Competition Law in Slovenia by Andrej Fatur,Klemen Podobnik,Ana Vlahek Pdf

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in Slovenia covers every aspect of the subject- the various forms of restrictive agreements and abuse of dominance prohibited by law and the rules on merger control; tests of illegality; filing obligations; administrative investigation and enforcement procedures; civil remedies and criminal penalties; and raising challenges to administrative decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law. Throughout the book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate. An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by the dominant firms and the appraisal of concentrations, and then goes on to the administrative enforcement of competition law, with a focus on the antitrust authorities’ powers of investigation and the right of defence of suspected companies. This part also covers voluntary merger notifications and clearance decisions, as well as a description of the judicial review of administrative decisions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Slovenia will welcome this very useful guide, and academics and researchers will appreciate its value in the study of international and comparative competition law.

Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems

Alan Uzelac
Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems Book PDF

Author : Alan Uzelac
Publisher : Springer Science & Business Media
Page : 262 pages
File Size : 52,5 Mb
Release : 2014-01-11
Category : Law
ISBN : 9783319034430

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Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems by Alan Uzelac Pdf

This book is a collection of papers that address a fundamental question: What is the role of civil justice and civil procedure in the various national traditions in the contemporary world? The book presents striking differences among a range of countries and legal traditions, but also points to common trends and open issues. It brings together prominent experts, professionals and scholars from both civil and common law jurisdictions. It represents all main legal traditions ranging from Europe (Germanic and Romanic countries, Scandinavia, ex-Socialist countries) and Russia to the Americas (North and South) and China (Mainland and Hong Kong). While addressing the main issue – the goals of civil justice – the book discusses the most topical concerns regarding the functioning and efficiency of national systems of civil justice. These include concerns such as finding the appropriate balance between accurate fact-finding and the right to a fair trial within a reasonable time, the processing of hard cases and the function of civil justice as a specific public service. In the mosaic of contrasts and oppositions special place is devoted to the continuing battle between the individualistic/liberal approach and the collectivist/paternalistic approach – the battle in which, seemingly, paternalistic tendencies regain momentum in a number of contemporary justice systems.

Dimensions of Evidence in European Civil Procedure

Vesna Rijavec,Tomaž Keresteš
Dimensions of Evidence in European Civil Procedure Book PDF

Author : Vesna Rijavec,Tomaž Keresteš
Publisher : Kluwer Law International B.V.
Page : 450 pages
File Size : 46,8 Mb
Release : 2015-12-29
Category : Law
ISBN : 9789041166654

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Dimensions of Evidence in European Civil Procedure by Vesna Rijavec,Tomaž Keresteš Pdf

Greater efficiency in civil dispute resolution is very much dependent on organized but fair fact-finding. Under European law, however, no clear-cut categorisation of means of evidence exists as yet, and significantly diverging interpretations persist of what is considered 'evidence' in the sense of the foundational Council Regulation (EC) No. 1206/2001 (EER). The EER fails to provide comprehensive rules for many other aspects of evidence taking, pointing instead to national legislation for solutions. As long as evidentiary rules remain different from country to country, there is an inherent risk of conflict of laws between different systems in the course of cooperation between courts in cross-border matters, leading to mistrust amongst judiciary and other participants in the proceedings. Focusing on national rules, and using a comparative method which takes into consideration legal experiences from all legal circles in the EU, this book explains and analyses how the law of evidence works in Europe today. The authors draw on the vast base of relevant information collected in twenty-seven Member States by national reporters. Following the classical enumeration of types of evidence – production of documents, examination of witnesses, expert evidence, inspection by the judge, and examination of the parties – chapters encompass such issues and topics as the following. - judicial cooperation in cross-border cases; – general principles in evidence taking (the right to be heard, oral vs. written form, directness of evidence, burden of proof); – judges' case management powers regarding evidence; – means of evidence; – extent of influence of traditional principles and evidentiary rules on electronic evidence; – application of communication technology in cross-border proceedings; – legal costs; – language; – inadmissible evidence; and – instances in which a court can refuse a request for evidence. The authors offer well-grounded recommendations on requested judge's entitlements, direct and convenient communication, cost issues, revised provisions concerning language obstacles, unification of presumptions, and much more. Armed with the wide-ranging knowledge presented here, practitioners handling civil cases anywhere in Europe will derive great practical benefit from this book. As a masterful synthesis of how evidence is used in national courts in EU Member States, and of how that use is changing, the book will be greatly valued as a unique resource by legal scholars and academics. With featured recommendations it can contribute to the development of mutual trust among the national courts inside the EU as well as trust among policymakers and national courts.

Evidence in Contemporary Civil Procedure

C. H. van Rhee,Alan Uzelac
Evidence in Contemporary Civil Procedure Book PDF

Author : C. H. van Rhee,Alan Uzelac
Publisher : Unknown
Page : 0 pages
File Size : 43,8 Mb
Release : 2015
Category : Civil procedure
ISBN : 1780683383

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Evidence in Contemporary Civil Procedure by C. H. van Rhee,Alan Uzelac Pdf

Since the start of the new millennium, many contemporary legal jurisdictions have been revisiting the fundamental principles of their civil procedures. Even the core areas of the civil process are not left untouched, including the way in which evidence is introduced, collected, and presented in court. In the field of evidence taking, one generator of the reforms has been slow and inefficient litigation. Both in Europe and globally, reaching a balance between the demands of factual accuracy and the need to adjudicate disputes in a swift, cost-effective, and efficient way is still one of the key challenges. Another reason why many countries are reforming their law of evidence is related to cultural and technological changes in modern societies. Traditional human rights (such as the right to privacy and due process) is shifting. The modern need for security, efficiency, and quick access to justice, along with the perception of what is admissible or not in the context of evidence taking, is changing as well. In the same sense, the fast pace of modern life commands different practices of fact-finding, accompanied by new methods of selection of evidence that are appropriate for this purpose. Last but not least, the overwhelming penetration of new technologies into all spheres of public and private life has the capacity to dramatically change the methods of the collection and presentation of evidence. Exploring these issues, contributors to this book reflect on how these trends affect the situation in their countries and present their views on further developments, both nationally and in comparison with the developments in other countries and regions. A further goal is to inquire whether, in spite of national differences that are still dominant, the approaches to civil evidence are converging, and whether reforms affecting fact-finding have a chance of leading to some forms of harmonization. (Series: Ius Commuen Europaeum - Vol. 139) Subject: Legal Procedure, Civil Law, Comparative Law]

Property and Trust Law in Slovenia

Jerca Kramberger Škerl,Ana Vlahek
Property and Trust Law in Slovenia Book PDF

Author : Jerca Kramberger Škerl,Ana Vlahek
Publisher : Kluwer Law International B.V.
Page : 427 pages
File Size : 49,5 Mb
Release : 2020-11-20
Category : Law
ISBN : 9789403527413

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Property and Trust Law in Slovenia by Jerca Kramberger Škerl,Ana Vlahek Pdf

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of property in Slovenia deals with the issues related to rights and interests in all kinds of property and assets-immovable, movable, and personal property; how property rights are acquired; fiduciary mechanisms; and security considerations. Lawyers who handle transnational disputes and other matters concerning property will appreciate the explanation of specific terminology, application, and procedure. An introduction outlining the essential legal, cultural, and historical considerations affecting property is followed by a discussion of the various types of property. Further analysis describes how and to what extent legal subjects can have or obtain rights and interests in each type. The coverage includes tangible and intangible property, varying degrees of interest, and the various ways in which property is transferred, including the ramifications of appropriation, expropriation, and insolvency. 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. The book includes ample references to doctrine and cases, as well as to relevant international treaties and conventions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for any practitioner faced with a property-related matter. Lawyers representing parties with interests in Slovenia will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative property law.

Current Trends in Preparatory Proceedings

Laura Ervo,Anna Nylund
Current Trends in Preparatory Proceedings Book PDF

Author : Laura Ervo,Anna Nylund
Publisher : Springer
Page : 250 pages
File Size : 55,8 Mb
Release : 2016-04-18
Category : Law
ISBN : 9783319293257

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Current Trends in Preparatory Proceedings by Laura Ervo,Anna Nylund Pdf

This book explores the regulations, goals and functioning of preparatory proceedings in four Nordic countries and eight former communist countries. The contributions discuss whether, and how the regulation and practice of preparatory proceedings enhance swift civil justice that is both inexpensive and has quality outcomes. A central question is whether the main hearing model of civil justice, in which preclusion of new evidence and claims occur at the end of the preparatory stage, results in greater efficiency, or whether the functioning of civil proceedings largely depends on other factors. It also examines regulation and use of court-connected mediation and judicial settlement efforts. This book offers comparative insights into the functioning of the preparatory civil proceedings in the countries covered. Preparatory proceedings are considered a key tool for achieving efficient civil proceedings. The claims and factual background of the case are clarified at an early stage, and the main hearing is focused. Judicial settlement efforts and court-connected mediation contribute to early resolution of cases, and are important elements of Nordic civil procedure The Nordic countries have used the main hearing model of civil proceedings for some decades, and recent reforms have further enhanced the role of the preparatory stage. Former communist countries are reforming their earlier piecemeal- format civil proceedings by introducing and strengthening written and oral preparation, as well as court-connected mediation.

Cost and Fee Allocation in Civil Procedure

Mathias Reimann
Cost and Fee Allocation in Civil Procedure Book PDF

Author : Mathias Reimann
Publisher : Springer Science & Business Media
Page : 312 pages
File Size : 48,9 Mb
Release : 2011-11-15
Category : Law
ISBN : 9789400722637

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Cost and Fee Allocation in Civil Procedure by Mathias Reimann Pdf

The volume describes and analyzes how the costs of litigation in civil procedure are distributed in key countries around the world. It compares the various approaches, draws general conclusions from that comparison, and presents global trends as well as common problems and solutions. In particular, the book deals with three principal questions: First, who pays for civil litigation costs, i.e., to what extent do losers have to make winners whole? Second, how much money is at stake, i.e., how expensive is civil litigation in the respective jurisdictions? And third, whose money is ultimately spent, i.e., how are civil litigation costs distributed through mechanisms like legal aid, litigation insurance, collective actions, and success oriented fees? Inter alia, the study reveals a general trend towards deregulation of lawyer fees as well as a substantial correlation between the burden of litigation costs and membership of a jurisdiction in the civil and common law families. This study is the result of the XVIIIth World Congress of Comparative Law held under the auspices of the International Academy of Comparative Law.

EU Mediation Law and Practice

Giuseppe De Palo,Mary B. Trevor
EU Mediation Law and Practice Book PDF

Author : Giuseppe De Palo,Mary B. Trevor
Publisher : Oxford University Press
Page : 653 pages
File Size : 41,5 Mb
Release : 2012-10-04
Category : Law
ISBN : 9780199660988

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EU Mediation Law and Practice by Giuseppe De Palo,Mary B. Trevor Pdf

A practical reference providing detailed information and expert commentary on implementation of mediation law across 27 EU Member States, organized by country, with trends and differences analysed. Considers key Mediation Directive legislation following its entry into force and implementation.

Transformation of Civil Justice

Alan Uzelac,Cornelis Hendrik (Remco) van Rhee
Transformation of Civil Justice Book PDF

Author : Alan Uzelac,Cornelis Hendrik (Remco) van Rhee
Publisher : Springer
Page : 420 pages
File Size : 55,7 Mb
Release : 2018-09-03
Category : Law
ISBN : 9783319973586

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Transformation of Civil Justice by Alan Uzelac,Cornelis Hendrik (Remco) van Rhee Pdf

National civil justice systems are deeply rooted in national legal cultures and traditions. However, in the past few decades they have been increasingly influenced by integration processes at the regional, supra-national and international level. As a by-product of the emergence of economic and political unions and globalisation processes there is pressure to harmonise or even unify the way in which national civil justice systems operate. In an attempt to create a ‘genuine area of justice’, new unified procedures are being developed, which operate in parallel with national civil procedures, and sometimes even strive to replace them. As a reaction to the forces that endeavour to harmonise and unify procedural laws and practices, an opposing trend is gaining momentum: one that insists on diversity and pluralism of national civil procedures. This book focuses on the evolution of procedural reforms in various jurisdictions and the ongoing transformation of national civil justice systems.

The Enforcement of EU Competition Rules by Civil Law

Nina Bucan Gutta
The Enforcement of EU Competition Rules by Civil Law Book PDF

Author : Nina Bucan Gutta
Publisher : Maklu
Page : 336 pages
File Size : 41,6 Mb
Release : 2014-11-04
Category : Law
ISBN : 9789046606902

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The Enforcement of EU Competition Rules by Civil Law by Nina Bucan Gutta Pdf

Private enforcement of competition law, in particular through damages actions, is recently one of the highly debated topics in European competition law. Arguments for private enforcement are based on the EU principle of effectiveness, while existing national substantive and procedural regimes applicable to damages may be ill-suited for the effective enforcement of EU competition law. However, the risk that the introduction of enforcement-oriented measures into national law is incompatible with private (civil) law is often underestimated or neglected. This book aims to reconcile both EU enforcement and private law perspectives through a detailed study of the English and Slovenian private law systems. Research on the compatibility of EU competitionenforcement- oriented measures with the private law regimes in England and Slovenia is used to argue that some changes to private law (based on proposals for effective enforcement) go too far and risk undermining the integrity of the Legal systems. This book already takes into account the 2014 Directive on antitrust damages actions.

Voluntary (Non-Contentious) Jurisdiction Around The World

Argounov V. V.
Voluntary Non Contentious Jurisdiction Around The World Book PDF

Author : Argounov V. V.
Publisher : Publishing House “Gorodets”
Page : 272 pages
File Size : 45,9 Mb
Release : 2017
Category : Law
ISBN : 9785906815958

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Voluntary (Non-Contentious) Jurisdiction Around The World by Argounov V. V. Pdf

This book offers an analysis of the history, legal basis and developments in voluntary jurisdiction in a large number of jurisdictions. Authors discuss the terminology, the nature of voluntary jurisdiction, the recent development, the regulatory basis like actors and forums as well as the scope and procedure including effects, appellation and execution of voluntary jurisdiction in the named countries. In the end provides the fresh statistics, problems, outcomes, reforms and visions.

Diversity of Enforcement Titles in the EU

Vesna Rijavec,Wendy Kennett,Tomaž Keresteš,Tjaša Ivanc
Diversity of Enforcement Titles in the EU Book PDF

Author : Vesna Rijavec,Wendy Kennett,Tomaž Keresteš,Tjaša Ivanc
Publisher : Springer Nature
Page : 401 pages
File Size : 49,7 Mb
Release : 2023-12-30
Category : Law
ISBN : 9783031471087

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Diversity of Enforcement Titles in the EU by Vesna Rijavec,Wendy Kennett,Tomaž Keresteš,Tjaša Ivanc Pdf

This book examines the diversity of enforcement titles in cross-border debt collection, focusing on the types, structure, contents and effects of enforcement titles. It offers a comprehensive overview of judgments, court settlements and authentic instruments from a variety of EU Member States. It primarily employs the comparative legal method to draw conclusions on commonalities and differences, as well as prospects for future approximation of laws. The premise of the research is rooted in the finding that national authorities of EU Member States continue to treat enforcement titles from other Member States with reservations and mistrust despite being committed to the principle of mutual trust. The book identifies the issues of mistrust stemming from the diversity of enforcement titles. The research is based on a rich database of national reports compiled during the course of several large-scale EU Justice Projects. Divided into five parts, the book offers first some general considerations and presents attempts at a systemisation of enforcement titles. The following parts are then devoted to more specialised approaches toward the different types of enforcement titles. However, the connecting line between all parts of the book are the considerations of cross-border enforcement in the EU (and in a limited manner with third States). Herein, research also addresses critical factors regarding the free movement of judgments in the EU, including those of lis pendens and related actions. This book provides a valuable contribution to the Theory of European Civil Procedure. Since it is based on a comparative approach and employs both empirical and doctrinal viewpoints, it should also greatly benefit practitioners involved in cross-border dispute resolution. Overall, the findings should be of interest to a broad audience, including policymakers, judges, practitioners and scholars.

The National Judicial Treatment of the ECHR and EU Laws

Giuseppe Martinico,Oreste Pollicino
The National Judicial Treatment of the ECHR and EU Laws Book PDF

Author : Giuseppe Martinico,Oreste Pollicino
Publisher : Europa Law Publishing
Page : 532 pages
File Size : 51,9 Mb
Release : 2010
Category : Convention for the Protection of Human Rights and Fundamental Freedoms
ISBN : 9089520694

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The National Judicial Treatment of the ECHR and EU Laws by Giuseppe Martinico,Oreste Pollicino Pdf

Have national judges started treating the provisions of the European Convention on Human Rights the same way they treat the EC law's norms? In order to answer this question, the editors of this book included scholars from the countries that are members both of the EU and the Council of Europe. The book collects the proceeding of an international conference held January 16-17, 2010, at the Scuola Superiore Sant'Anna of Pisa.

Supreme Courts in Transition in China and the West

Cornelis Hendrik (Remco) van Rhee,Yulin Fu
Supreme Courts in Transition in China and the West Book PDF

Author : Cornelis Hendrik (Remco) van Rhee,Yulin Fu
Publisher : Springer
Page : 245 pages
File Size : 53,5 Mb
Release : 2017-02-20
Category : Law
ISBN : 9783319523446

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Supreme Courts in Transition in China and the West by Cornelis Hendrik (Remco) van Rhee,Yulin Fu Pdf

This edited volume looks at supreme courts in China and the West. It examines the differences and similarities between the Supreme People’s Court of Mainland China and those that follow Western models. It also offers a comparative study of a selection of supreme courts in Europe and Latin America. The contributors argue that the Supreme Courts should give guidance to the development of the law and provide legal unity. For China, the Chinese author argues, that therefore there should be more emphasis on the procedure for reopening cases. The chapters on Western-style supreme courts argue that there should be adequate access filters; the procedure of reopening cases is considered to be problematic from the perspective of the finality of the administration of justice. In addition, the authors discuss measures that allow supreme courts in both regions to deal with their existing caseload, to reduce this caseload, and to avoid divergences in the case law of the supreme court. This volume offers ideas that will help supreme courts in both the East and the West to remove unmanageable caseloads. As a result, these courts will be better able to assist in the interpretation and clarification of the law, to provide for legal unity, and to give guidance to the development of the law.