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Author : Burkhard Hess
Publisher :
ISBN 13 : 9783848769445
Total Pages : 558 pages
Book Rating : 4.7/5 (694 download)
Download or read book The 50th Anniversary of the European Law of Civil Procedure written by Burkhard Hess and published by . This book was released on 2020 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 : Eva Storskrubb
Publisher : OUP Oxford
ISBN 13 : 0199533172
Total Pages : 556 pages
Book Rating : 4.1/5 (995 download)
Download or read book Civil Procedure and EU Law written by Eva Storskrubb and published by OUP Oxford. This book was released on 2008 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining a burgeoning policy area of the EU - the regulation of cross border civil and commercial litigation - this title analyses the EU's specific legislative measures and assesses their impact on litigation procedure, particularly due process rights.
Author : 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 : 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.
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 : Fernando Gascón Inchausti
Publisher :
ISBN 13 : 9781780688596
Total Pages : 0 pages
Book Rating : 4.6/5 (885 download)
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.
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 : Monique Hazelhorst
Publisher : Springer
ISBN 13 : 9462651620
Total Pages : 451 pages
Book Rating : 4.4/5 (626 download)
Download or read book Free Movement of Civil Judgments in the European Union and the Right to a Fair Trial written by Monique Hazelhorst and published by Springer. This book was released on 2017-02-27 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the attainment of complete free movement of civil judgments across EU member states from the perspective of its conformity with the fundamental right to a fair trial. In the integrated legal order of the European Union, it is essential that litigants can rely on a judgment no matter where in the EU it was delivered. Effective mechanisms for cross-border recognition and the enforcement of judgments provide both debtors and creditors with the security that their rights, including their right to a fair trial, will be protected. In recent years the attainment of complete free movement of civil judgments, through simplification or abolition of these mechanisms, has become a priority for the European legislator. The text uniquely combines a thorough discussion of EU legislation with an in-depth and critical examination of its interplay with fundamental rights. It contains an over-view and comparison of both ECtHR and CJEU case law on the right to a fair trial, and provides a great number of specific recommendations for current and future legislation. With its critical discussion of EU Regulations from both a practical and a theoretical standpoint, this book is particularly relevant to legislators and policymakers working in this field. Because of the extensive overview of the functioning of the EU’s mechanisms and of relevant case law it provides, the book is also highly relevant to academics and practitioners. Monique Hazelhorst is Judicial Assistant at the Supreme Court of the Netherlands. She studied Law and Legal Research at Utrecht University and holds a Ph.D. in Law from the Erasmus School of Law at Erasmus University Rotterdam.
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 : Anna Nylund
Publisher :
ISBN 13 : 9781780685519
Total Pages : 175 pages
Book Rating : 4.6/5 (855 download)
Download or read book The European Union and National Civil Procedure written by Anna Nylund and published by . This book was released on 2014 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 : Ilse Couwenberg
Publisher :
ISBN 13 : 9781780687759
Total Pages : 0 pages
Book Rating : 4.6/5 (877 download)
Download or read book European Private International Law at 50 written by Ilse Couwenberg and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Each year, the Jura Falconis conference is held to discuss prior developments, draw lessons from the past and offer perspectives for the future of European private international law. The 50th anniversary of the Brussels Convention (1968) presented itself as the perfect discussion point for the 2018 conference.
Author : Raoul C. Van Caenegem
Publisher :
ISBN 13 : 9783166446172
Total Pages : 114 pages
Book Rating : 4.4/5 (461 download)
Download or read book International Encyclopedia of Comparative Law written by Raoul C. Van Caenegem and published by . This book was released on 1973 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Andre Tunc
Publisher : Springer
ISBN 13 : 9789024728350
Total Pages : pages
Book Rating : 4.7/5 (283 download)
Download or read book International Encyclopedia of Comparative Law:Pt. 2:Torts written by Andre Tunc and published by Springer. This book was released on 1986-09-09 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Ilse Couwenberg
Publisher :
ISBN 13 : 9781780687766
Total Pages : 141 pages
Book Rating : 4.6/5 (877 download)
Download or read book European Private International Law at 50 written by Ilse Couwenberg and published by . This book was released on 2018 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt: In fifty years, European private international law has undergone significant changes. Increased globalization and the emergence of e-commerce has led to a greater need for and more widespread reliance on private international law. As a result, most legal practitioners can no longer avoid it in their day-to-day practices. Each year, the Jura Falconis conference is held to discuss prior developments, draw lessons from the past and offer perspectives for the future of European private international law. The 50th anniversary of the Brussels Convention (1968) presented itself as the perfect discussion point for the 2018 conference. European Private International Law at 50 is the written result of the 2018 conference. It brings together legal experts and provides the reader with a thorough examination of the most important aspects of the field, considering possible future developments and the impact of Brexit.
