Eli Unidroit Model European Rules Of Civil Procedure

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ELI DS Unidroit Model European Rules of Civil Procedure

Author : European Law Institute
Publisher : Oxford University Press
Page : 369 pages
File Size : 47,6 Mb
Release : 2021
Category : Law
ISBN : 9780198866589

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ELI DS Unidroit Model European Rules of Civil Procedure by European Law Institute Pdf

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.

ELI – Unidroit Model European Rules of Civil Procedure

Author : European Law Institute,UNIDROIT
Publisher : Oxford University Press
Page : 448 pages
File Size : 54,9 Mb
Release : 2021-08-19
Category : Law
ISBN : 9780192636393

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ELI – Unidroit Model European Rules of Civil Procedure by European Law Institute,UNIDROIT Pdf

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.

European Rules of Civil Procedure

Author : Astrid Stadler,Vincent Smith,Fernando Gascón Inchausti
Publisher : Edward Elgar Publishing
Page : 785 pages
File Size : 42,8 Mb
Release : 2023-11-03
Category : Law
ISBN : 9781800887848

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European Rules of Civil Procedure by Astrid Stadler,Vincent Smith,Fernando Gascón Inchausti Pdf

European Rules of Civil Procedure sets out a clear examination of the rules adopted by UNDROIT and the European Law Institute in 2020. Presented within a systematic structure to aid enhanced academic understanding, it precisely showcases the substantial comparative knowledge of its authors.

ELI-UNIDROIT Model European Rules of Civil Procedure

Author : European Law Institute,International Institute for the Unification of Private Law
Publisher : Unknown
Page : 0 pages
File Size : 52,8 Mb
Release : 2021
Category : Civil procedure
ISBN : 0192636383

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ELI-UNIDROIT Model European Rules of Civil Procedure by European Law Institute,International Institute for the Unification of Private Law Pdf

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 and ended in February 2020.

Principles of Transnational Civil Procedure

Author : American Law Institute
Publisher : Cambridge University Press
Page : 242 pages
File Size : 40,7 Mb
Release : 2007-01-29
Category : Law
ISBN : 0521706149

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Principles of Transnational Civil Procedure by American Law Institute Pdf

The ALI (American Law Institute) and UNIDROIT (the International Institute for the Unification of Private Law) are preeminent organizations working together toward the clarification and advancement of the procedural rules of law. Recognizing the need for a “universal” set of procedures that would transcend national jurisdictional rules and facilitate the resolution of disputes arising from transnational commercial transactions, Principles of Transnational Civil Procedure was launched to create a set of procedural rules and principles that would be adopted globally. This work strives to reduce uncertainty for parties that must litigate in unfamiliar surroundings and to promote fairness in judicial proceedings. As recognized standards of civil justice, Principles of Transnational Civil Procedure can be used in judicial proceedings as well as in arbitration. The result is a work that significantly contributes to the promotion of a universal rule of procedural law. The American Law Institute was organized in 1923 following a study conducted by a group of prominent American judges, lawyers, and law professors. Their recommendation that a lawyers' organization be formed to improve the law and its administration led to the creation of The American Law Institute. UNIDROIT was founded in 1926 as a specialized agency of the League of Nations. It exists as an independent intergovernmental organization on the basis of a multilateral agreement, the UNIDROIT Statute. Its purpose is to study needs and methods for modernizing, harmonizing, and coordinating private laws between states and groups of states and to prepare legislative texts for consideration by governments.

The Future of the European Law of Civil Procedure

Author : Fernando Gascón Inchausti,Burkhard Hess,Esther Sánchez Coro
Publisher : Unknown
Page : 0 pages
File Size : 46,9 Mb
Release : 2020
Category : Civil procedure
ISBN : 1780688598

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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.

Legal Guide on Contract Farming

Author : Food and Agriculture Organization of the United Nations
Publisher : Food & Agriculture Org.
Page : 258 pages
File Size : 47,9 Mb
Release : 2018-06-26
Category : Law
ISBN : 9788886449304

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Legal Guide on Contract Farming by Food and Agriculture Organization of the United Nations Pdf

Contract farming, broadly understood as agricultural production and marketing carried out under a previous agreement between producers and their buyers, supports the production of a wide range of agricultural commodities and its use is growing in many countries. Mindful of the importance of enhancing knowledge and awareness of the legal regime applicable to contract farming operations, the International Institute for the Unification of Private Law (UNIDROIT), the Food and Agriculture Organizatio n of the United Nations (FAO) and the International Fund for Agricultural Development (IFAD) have prepared this UNIDROIT/FAO/IFAD Legal Guide on Contract Farming. The Guide is a useful tool and reference point for a broad range of users involved in contract farming practice, policy design, legal research and capacity building. It can contribute as well to create a favourable, equitable and sustainable environment for contract farming.

From common rules to best practices in European Civil Procedure

Author : Burkhard Hess,Xandra E. Kramer
Publisher : Nomos Verlag
Page : 486 pages
File Size : 49,7 Mb
Release : 2017-12-08
Category : Law
ISBN : 9783845285214

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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.

Civil Procedure and Harmonisation of Law

Author : Anna Nylund,Magne Strandberg
Publisher : Unknown
Page : 242 pages
File Size : 47,7 Mb
Release : 2019
Category : Civil procedure
ISBN : 178068830X

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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'.

EU Civil Justice

Author : Burkhard Hess,Maria Bergström,Eva Storskrubb
Publisher : Bloomsbury Publishing
Page : 336 pages
File Size : 52,6 Mb
Release : 2016-01-14
Category : Law
ISBN : 9781509901715

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EU Civil Justice by Burkhard Hess,Maria Bergström,Eva Storskrubb Pdf

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.

Rescue of Business in Europe

Author : Bob Wessels,Stephan Madaus,European Law Institute
Publisher : Oxford University Press
Page : 1552 pages
File Size : 43,9 Mb
Release : 2020-01-30
Category : Law
ISBN : 9780192561114

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Rescue of Business in Europe by Bob Wessels,Stephan Madaus,European Law Institute Pdf

This edited volume is based on the European Law Institute's project, The Rescue of Business in Insolvency Law, which ran from 2013 to 2016. The project sought to investigate and articulate the essential features of well-functioning procedures for the "rescue" of distressed but viable businesses. Although the focus was primarily on the design and implementation of formal procedures (that is, those provided by law), the project also required consideration of the interaction between such procedures and informal solutions to distress, given the obvious cost advantages of the latter. The ELI project was not confined exclusively to restructurings, since these are only one possible route to maximising the value of a distressed but viable business (an auction procedure, in which the business is sold on a going concern basis to a new owner, is one obvious alternative). The ELI project encompasses various aspects of both public/constitutional law and insolvency law that may have a bearing on the functionality of formal restructuring procedures.

Courts in Evolving Societies

Author : Anonim
Publisher : BRILL
Page : 250 pages
File Size : 49,9 Mb
Release : 2020-09-25
Category : Law
ISBN : 9789004438248

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Courts in Evolving Societies by Anonim Pdf

The challenges courts face today all over the world can only be solved in close cooperation between judges and academics. The anthology brings judges from China, Germany, Slovenia, England and Wales and Norway and academics together for a cross-border dialogue.

Civil Procedure and Harmonisation of Law

Author : Anna Nylund,Magne Strandberg
Publisher : Unknown
Page : 0 pages
File Size : 41,8 Mb
Release : 2019
Category : Civil procedure
ISBN : 1780686935

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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.

Collective and Mass Litigation in Europe

Author : Astrid Stadler,Emmanuel Jeuland,Vincent Smith
Publisher : Edward Elgar Publishing
Page : 304 pages
File Size : 42,9 Mb
Release : 2020-11-28
Category : Electronic
ISBN : 1789906040

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Collective and Mass Litigation in Europe by Astrid Stadler,Emmanuel Jeuland,Vincent Smith Pdf

Written by leading authorities in the field of European civil procedure and collective redress, this timely book explores the model collective proceedings rules in the ELI/UNDROIT European Rules of Civil Procedure. It explains the intended application of this 'best practice' set of collective redress rules, intended to promote greater consistency in civil and commercial court procedure across Europe, linking to existing European practice and initiatives in the field.Chapters investigate important issues for mass and collective actions including certification of actions as suitable for collective treatment, collective settlement, costs and funding. Concluding with insights from class action experts outside Europe, this incisive book provides objective perspectives on this rapidly developing area of European legal practice and proposes areas where these rules may influence class actions internationally.Collective and Mass Litigation in Europe will be a key resource for scholars and students of collective redress and civil procedure. The commentary on this significant benchmark in collective redress litigation will also be of benefit to policy makers, judges and legal practitioners involved in mass claims.