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Author :
Publisher :
ISBN 13 :
Total Pages : 1968 pages
Book Rating : 4.:/5 (474 download)
Download or read book European Civil Practice written by and published by . This book was released on 1968 with total page 1968 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Stephen O'Malley
Publisher :
ISBN 13 : 9780421473300
Total Pages : 350 pages
Book Rating : 4.4/5 (733 download)
Download or read book European Civil Practice written by Stephen O'Malley and published by . This book was released on 1996-12-01 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Burkhard Hess
Publisher : Nomos Verlag
ISBN 13 : 3845285214
Total Pages : 486 pages
Book Rating : 4.8/5 (452 download)
Download or read book From common rules to best practices in European Civil Procedure written by Burkhard Hess and published by Nomos Verlag. This book was released on 2017-12-08 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Vesna Rijavec
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041166653
Total Pages : 450 pages
Book Rating : 4.0/5 (411 download)
Download or read book Dimensions of Evidence in European Civil Procedure written by Vesna Rijavec and published by Kluwer Law International B.V.. This book was released on 2015-12-29 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Stephen O'Malley
Publisher :
ISBN 13 : 9780421262904
Total Pages : 1968 pages
Book Rating : 4.2/5 (629 download)
Download or read book European Civil Practice written by Stephen O'Malley and published by . This book was released on 1989 with total page 1968 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : C. H. van Rhee
Publisher : Intersentia nv
ISBN 13 : 905095491X
Total Pages : 362 pages
Book Rating : 4.0/5 (59 download)
Download or read book European Traditions in Civil Procedure written by C. H. van Rhee and published by Intersentia nv. This book was released on 2005 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Carlo Rasia
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403503963
Total Pages : 370 pages
Book Rating : 4.4/5 (35 download)
Download or read book Civil Procedure in the European Union written by Carlo Rasia and published by Kluwer Law International B.V.. This book was released on 2022-10-20 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Alexander and Hugh Mercer (Gen. Eds.) Layton
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (122 download)
Download or read book European Civil Practice Volume 1 written by Alexander and Hugh Mercer (Gen. Eds.) Layton and published by . This book was released on 2004 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Alexander and Hugh Mercer (Gen. Eds.) Layton
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (122 download)
Download or read book European Civil Practice Volume 2 written by Alexander and Hugh Mercer (Gen. Eds.) Layton and published by . This book was released on 2004 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book European Civil Practice: pt. 4. National sections written by and published by . This book was released on 2004 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Astrid Stadler
Publisher : Edward Elgar Publishing
ISBN 13 : 1789906059
Total Pages : 400 pages
Book Rating : 4.7/5 (899 download)
Download or read book Collective and Mass Litigation in Europe written by Astrid Stadler and published by Edward Elgar Publishing. This book was released on 2020-11-27 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Astrid Stadler
Publisher : Edward Elgar Publishing
ISBN 13 : 1800887841
Total Pages : 785 pages
Book Rating : 4.8/5 (8 download)
Download or read book European Rules of Civil Procedure written by Astrid Stadler and published by Edward Elgar Publishing. This book was released on 2023-11-03 with total page 785 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : X.E. Kramer
Publisher : Springer Science & Business Media
ISBN 13 : 906704816X
Total Pages : 381 pages
Book Rating : 4.0/5 (67 download)
Download or read book Civil Litigation in a Globalising World written by X.E. Kramer and published by Springer Science & Business Media. This book was released on 2012-02-02 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Andrés de la Oliva Santos
Publisher :
ISBN 13 : 9788499030173
Total Pages : 422 pages
Book Rating : 4.0/5 (31 download)
Download or read book European Civil Procedure written by Andrés de la Oliva Santos and published by . This book was released on 2011 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a complete analysis of all EU-Regulations and Directives on civil procedure. The first part of the book tackles international jurisdiction within the EU, as well as recognition and enforcement of foreign judgments in the member States: the general system established in Regulation 44/2001, the particular provisions applicable to matrimonial matters and parental responsibility (Regulation 2201/2003) and, eventually, the rules relating to maintenance obligations (Regulation 4/2009). The second part is devoted to access to justice and judicial cooperation in the EU. It focuses on mediation as an «alternative» to jurisdiction (Directive 2008/52), the minimum common rules on legal aid (Directive 2003/8), transmission of judicial and extrajudicial documents for the purposes of service (Regulation 1393/2007) and, finally, the taking of evidence in other member states (Regulation 1206/2001). Lastly, the third part of the volume deals with the legal instruments aiming to strengthen the judicial protection of credit within the EU: the European enforcement order for uncontested claims (Regulation 805/2004), the European order for payment procedure (Regulation 1896/2006), the European small claims procedure (Regulation 861/2007) and the rules applicable to insolvency proceedings (Regulation 1346/2000). The book is addressed to those academics and practitioners (mainly judges and lawyers) interested in European civil procedure. They will find a fine piece of work, written in a direct and clear style, which intends to be scientifically rigorous, facing the many problems that arise when European law on civil procedure comes into play.
Author : Burkhard Hess
Publisher : Bloomsbury Publishing
ISBN 13 : 150990171X
Total Pages : 336 pages
Book Rating : 4.5/5 (99 download)
Download or read book EU Civil Justice written by Burkhard Hess and published by Bloomsbury Publishing. This book was released on 2016-01-14 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Anna Nylund
Publisher :
ISBN 13 : 9781780686936
Total Pages : 0 pages
Book Rating : 4.6/5 (869 download)
Download or read book Civil Procedure and Harmonisation of Law written by Anna Nylund and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : European Law Institute
Publisher : Oxford University Press
ISBN 13 : 0198866585
Total Pages : 369 pages
Book Rating : 4.1/5 (988 download)
Download or read book ELI DS Unidroit Model European Rules of Civil Procedure written by European Law Institute and published by Oxford University Press. This book was released on 2021 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
