European Traditions in Civil Procedure

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Author :
Publisher : Intersentia nv
ISBN 13 : 905095491X
Total Pages : 362 pages
Book Rating : 4.0/5 (59 download)

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Book Synopsis European Traditions in Civil Procedure by : C. H. van Rhee

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.

ELI DS Unidroit Model European Rules of Civil Procedure

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Author :
Publisher : Oxford University Press
ISBN 13 : 0198866585
Total Pages : 369 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis ELI DS Unidroit Model European Rules of Civil Procedure by : European Law Institute

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.

ELI – Unidroit Model European Rules of Civil Procedure

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Author :
Publisher : Oxford University Press
ISBN 13 : 0192636391
Total Pages : 448 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis ELI – Unidroit Model European Rules of Civil Procedure by : European Law Institute

Download or read book ELI – Unidroit Model European Rules of Civil Procedure written by European Law Institute and published by Oxford University Press. This book was released on 2021-08-19 with total page 448 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. 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.

The Civil Law Tradition, 3rd Edition

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Publisher : Stanford University Press
ISBN 13 : 9780804755696
Total Pages : 196 pages
Book Rating : 4.7/5 (556 download)

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Book Synopsis The Civil Law Tradition, 3rd Edition by : John Henry Merryman

Download or read book The Civil Law Tradition, 3rd Edition written by John Henry Merryman and published by Stanford University Press. This book was released on 2007-05-21 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a concise history and analysis of the civil law tradition, which is dominant in most of Europe, all of Latin America, and many parts of Asia, Africa, and the Middle East. This new edition deals with recent significant events - such as the fall of the Soviet empire and the resulting precipitous decline of the socialist legal tradition - and their significance for the civil law tradition.

Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems

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Author :
Publisher : Springer Science & Business Media
ISBN 13 : 331903443X
Total Pages : 263 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems by : Alan Uzelac

Download or read book Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems written by Alan Uzelac and published by Springer Science & Business Media. This book was released on 2014-01-11 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Co-Operation in Litigation: Europe

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Publisher : Springer Science & Business Media
ISBN 13 : 9401192081
Total Pages : 521 pages
Book Rating : 4.4/5 (11 download)

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Book Synopsis International Co-Operation in Litigation: Europe by : Hans Smit

Download or read book International Co-Operation in Litigation: Europe written by Hans Smit and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: The reports collected in this book were prepared at the initiative and under the auspices of the Project on International Procedure of the School of Law of Columbia University within the framework of its co-operation with the Commission on International Rules of Judicial Procedure, a body created by Act of Congress of September 2, 1958, 72 Stat. 1743. The Commission is charged with studying domestic and foreign procedures of international co-operation in litigation with a view to suggesting improvements. Since June 1960, the Project has assisted the Commission in carrying out this statutorily assigned task. Work on the reports here presented was begun in the fall of 1960. The Project invoked the assistance of an active practitioner in each of the foreign countries se1ected and submitted to hirn an extensive questionnaire summarizing American procedures and posing detailed quest ions about foreign practices. The elaborate answers to these questionnaires provided the information on which the American co authors relied in drafting the English versions of the reports. By having proceeded in this fashion, the Project hopes to have prepared reports that reflect the knowledge and experience of the foreign practitioners and at the same time are drafted in terms intelligible to common law lawyers. Furthermore, to ensure that the reports would take due account of official views, in almost all instances, final drafts of the reports were submitted for comments and suggestions to appropriate foreign public officials.

The Future of the European Law of Civil Procedure

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Author :
Publisher :
ISBN 13 : 9781780688596
Total Pages : 0 pages
Book Rating : 4.6/5 (885 download)

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Book Synopsis The Future of the European Law of Civil Procedure by : Fernando Gascón Inchausti

Download or read book The Future of the European Law of Civil Procedure written by Fernando Gascón Inchausti and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Dynamism of Civil Procedure - Global Trends and Developments

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Author :
Publisher : Springer
ISBN 13 : 3319219812
Total Pages : 283 pages
Book Rating : 4.3/5 (192 download)

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Book Synopsis The Dynamism of Civil Procedure - Global Trends and Developments by : Colin B. Picker

Download or read book The Dynamism of Civil Procedure - Global Trends and Developments written by Colin B. Picker and published by Springer. This book was released on 2015-11-11 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows the surprising dynamism of the field of civil procedure through its examination of a cross section of recent developments within civil procedure from around the world. It explores the field through specific approaches to its study, within specific legal systems, and within discrete sub-fields of civil procedure. The book reflects the latest research and conveys the dynamism and innovations of modern civil procedure - by field, method and system. The book’s introductory chapters lay the groundwork for researchers to appreciate the flux and change within the field. The concluding chapters bring the many different identified innovations and developments together to show the field's ability to adapt to modern circumstances, while retaining its coherence even across different legal systems, traditions, fields and analytic approaches. Specifically, in this book the presence of dynamism is explored in the legal systems of the EU, France, the US, Brazil, Australia, the UK and China. So too that dynamism is explored in the contributions’ analyses and discussions of the changes or need for change of specific aspects of civil procedure including litigation costs, class actions, derivative actions, pleadings, and res judicata. Furthermore, most of the individual contributions may be considered to be comparative analyses of their respective subjects and, when considered as a whole, the book presents the dynamism of civil procedure in comparative perspective. Those discrete and aggregated comparative analyses permit us to better understand the dynamism in civil procedure – for change in the abstract can be less visible and its significance and impact less evident. While similar conclusions may have been drawn through examinations in isolation, employing comparative analytic methods provided a richer analysis and any identified need for change is correspondingly advanced through comparative analysis. Furthermore, if that analysis leads to a conclusion that change is necessary then comparative law may provide pertinent examples for such change - as well as methodologies for successfully transplanting any such changes. In other words, as this book so well reflects, comparative law may itself usefully contribute to dynamism in civil procedure. This has long been a raison d'être of comparative law and, as clear from this book’s contributions, in this particular time and field of study we find that it is very likely to achieve its lofty promise.

Unequal Laws Unto a Savage Race

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Publisher : University of Arkansas Press
ISBN 13 : 9780938626763
Total Pages : 268 pages
Book Rating : 4.6/5 (267 download)

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Book Synopsis Unequal Laws Unto a Savage Race by : Morris Arnold

Download or read book Unequal Laws Unto a Savage Race written by Morris Arnold and published by University of Arkansas Press. This book was released on 1985-06-01 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Partly because its colonial settlements were tiny, remote, and inconsequential, the early history of Arkansas has been almost entirely neglected. Even Arkansas Post, the principal eighteenth-century settlement, served mainly as a temporary place of residence for trappers and voyageurs. It was also an entrepot for travelers on the Mississippi—a place to be while on the way elsewhere. Only a very few inhabitants, true agricultural settlers, ever established themselves a or around the Post. For most of the eighteenth century, Arkansas’s non-Indian population was less than one hundred, and never much exceeded five or six hundred. Its European residents of that era, mostly French, have left virtually no physical trace: the oldest buildings and the oldest marked graves in the state date from the 1820s. Drawing on original French and Spanish archival sources, Morris Arnold chronicles for the first time the legal institutions of colonial Arkansas, the attitude of its population towards European legal ideas as were current in Arkansas when Louisiana was transferred to the United States in 1803. Because he views the clash of legal traditions in the upper reaches of the Jefferson’s Louisiana as part of a more general cultural conflict, Arnold closely examines the social and economic characteristics of Arkansas’s early residents in order to explain why, following the American takeover, the common law was introduced into Arkansas with such relative ease.

The Civil Law Tradition

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Publisher :
ISBN 13 :
Total Pages : 200 pages
Book Rating : 4.:/5 (43 download)

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Book Synopsis The Civil Law Tradition by : John Henry Merryman

Download or read book The Civil Law Tradition written by John Henry Merryman and published by . This book was released on 1969 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: October 2001

Roman Law and the Origins of the Civil Law Tradition

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Publisher : Springer
ISBN 13 : 3319122681
Total Pages : 328 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis Roman Law and the Origins of the Civil Law Tradition by : George Mousourakis

Download or read book Roman Law and the Origins of the Civil Law Tradition written by George Mousourakis and published by Springer. This book was released on 2014-12-02 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique publication offers a complete history of Roman law, from its early beginnings through to its resurgence in Europe where it was widely applied until the eighteenth century. Besides a detailed overview of the sources of Roman law, the book also includes sections on private and criminal law and procedure, with special attention given to those aspects of Roman law that have particular importance to today's lawyer. The last three chapters of the book offer an overview of the history of Roman law from the early Middle Ages to modern times and illustrate the way in which Roman law furnished the basis of contemporary civil law systems. In this part, special attention is given to the factors that warranted the revival and subsequent reception of Roman law as the ‘common law’ of Continental Europe. Combining the perspectives of legal history with those of social and political history, the book can be profitably read by students and scholars, as well as by general readers with an interest in ancient and early European legal history. The civil law tradition is the oldest legal tradition in the world today, embracing many legal systems currently in force in Continental Europe, Latin America and other parts of the world. Despite the considerable differences in the substantive laws of civil law countries, a fundamental unity exists between them. The most obvious element of unity is the fact that the civil law systems are all derived from the same sources and their legal institutions are classified in accordance with a commonly accepted scheme existing prior to their own development, which they adopted and adapted at some stage in their history. Roman law is both in point of time and range of influence the first catalyst in the evolution of the civil law tradition.

Great Legal Traditions

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Publisher :
ISBN 13 : 9781594609572
Total Pages : 676 pages
Book Rating : 4.6/5 (95 download)

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Book Synopsis Great Legal Traditions by : John Warren Head

Download or read book Great Legal Traditions written by John Warren Head and published by . This book was released on 2011 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: Great Legal Traditions: Civil Law, Common Law, and Chinese Law in Historical and Operational Perspective draws on the nearly thirty years of experience that the author has accumulated from working in and writing about a variety of legal systems around the world. After an introduction to the underlying concepts and values of comparative legal studies, Head embarks on a brisk six-chapter survey of European civil law, English and American common law, and Chinese law (both dynastic and contemporary). Each legal tradition is divided into two perspectives — first historical and then operational. Numerous illustrations and biographical sketches bring the historical surveys to life, thereby setting the stage for a close examination of several key attributes of representative legal systems in each of the three traditions. Head's "operational" topics include sources of law, the role and training of lawyers, the division of court jurisdiction, constitutional review, the role of codification, and more — and he gives special attention to comparative criminal procedure. Great Legal Traditions is designed primarily for use in law schools and other graduate programs in comparative history, international relations, and both European and Chinese area studies, but the book is also written to be accessible to a more general readership. The main text is supplemented with numerous appendices that serve in place of a documents supplement. A teacher's manual is also available with guidance on each of the study questions that Head places at the beginning of each chapter (roughly 200 study questions in all). The teacher's manual also provides guidance (and confidence) to instructors not already familiar with Chinese law and history.

The Civil Law Tradition

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Publisher : Stanford University Press
ISBN 13 : 1503607550
Total Pages : 250 pages
Book Rating : 4.5/5 (36 download)

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Book Synopsis The Civil Law Tradition by : John Merryman

Download or read book The Civil Law Tradition written by John Merryman and published by Stanford University Press. This book was released on 2018-12-11 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: A newly updated edition of “the most readable and succinct account of the origins, the development, and the philosophy of the civil law” (Houston Law Review). Designed for general readers and students of law, this is a concise history and analysis of the civil law tradition, which is dominant in most of Europe, all of Latin America, and many parts of Asia, Africa, and the Middle East. The fourth edition is fully updated to include the latest developments in the field and to correct and update historical details gleaned from newly published research on Roman and medieval law. In recent years, the legal profession has changed radically, with the growing international ubiquity of large law firms operating across borders (which was previously a uniquely American phenomenon). This new edition updates the book from the post-Soviet era to ongoing current issues, including Brexit and the status of the European Union. It discusses how civil law codes have shifted in some countries to adapt to modern and changing ideologies and also includes brand-new material on legal education, which is of central importance to the legal profession today.

Elgar Encyclopedia of Comparative Law, Second Edition

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Publisher : Edward Elgar Publishing
ISBN 13 : 1781006105
Total Pages : 1025 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Elgar Encyclopedia of Comparative Law, Second Edition by : J. M. Smits

Download or read book Elgar Encyclopedia of Comparative Law, Second Edition written by J. M. Smits and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book excerpt: Acclaim for the first edition: ïThis is a very important and immense book. . . The Elgar Encyclopedia of Comparative Law is a treasure-trove of honed knowledge of the laws of many countries. It is a reference book for dipping into, time and time again. It is worth every penny and there is not another as comprehensive in its coverage as ElgarÍs. I highly recommend the Elgar Encyclopedia of Comparative Law to all English chambers. This is a very important book that should be sitting in every university law school library.Í _ Sally Ramage, The Criminal Lawyer Containing newly updated versions of existing entries and adding several important new entries, this second edition of the Elgar Encyclopedia of Comparative Law takes stock of present-day comparative law scholarship. Written by leading authorities in their respective fields, the contributions in this accessible book cover and combine not only questions regarding the methodology of comparative law, but also specific areas of law (such as administrative law and criminal law) and specific topics (such as accident compensation and consideration). In addition, the Encyclopedia contains reports on a selected set of countriesÍ legal systems and, as a whole, presents an overview of the current state of affairs. Providing its readers with a unique point of reference, as well as stimulus for further research, this volume is an indispensable tool for anyone interested in comparative law, especially academics, students and practitioners.

Principles of Transnational Civil Procedure

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Publisher : Cambridge University Press
ISBN 13 : 9780521706148
Total Pages : 242 pages
Book Rating : 4.7/5 (61 download)

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Book Synopsis Principles of Transnational Civil Procedure by : American Law Institute

Download or read book Principles of Transnational Civil Procedure written by American Law Institute and published by Cambridge University Press. This book was released on 2007-01-29 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Comparative Legal Traditions

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Publisher :
ISBN 13 :
Total Pages : 772 pages
Book Rating : 4.:/5 (755 download)

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Book Synopsis Comparative Legal Traditions by : Mary Ann Glendon

Download or read book Comparative Legal Traditions written by Mary Ann Glendon and published by . This book was released on 1994 with total page 772 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Comparative legal traditions

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Publisher :
ISBN 13 :
Total Pages : 344 pages
Book Rating : 4.:/5 (114 download)

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Book Synopsis Comparative legal traditions by : Mary Ann Glendon

Download or read book Comparative legal traditions written by Mary Ann Glendon and published by . This book was released on 1999 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: