From Common Rules to Best Practices in European Civil Procedure

From Common Rules to Best Practices in European Civil Procedure
Author: Burkhard Hess
Publisher: Nomos/Hart
Total Pages: 464
Release: 2018-01-11
Genre: Law
ISBN: 9781509918263

What road should procedural innovation take? More than 20 experts from practice and academia discuss the future of EU civil procedure, ranging from cross-border enforcement to mutual trust, from E-CODEX to Online Dispute Resolution. They offer blueprints for a reinvigorated judicial cooperation.

Civil Procedure and EU Law

Civil Procedure and EU Law
Author: Eva Storskrubb
Publisher: OUP Oxford
Total Pages: 556
Release: 2008
Genre: Language Arts & Disciplines
ISBN: 0199533172

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.

The Reception and Transmission of Civil Procedural Law in the Global Society

The Reception and Transmission of Civil Procedural Law in the Global Society
Author: Masahisa Deguchi
Publisher: Garant
Total Pages: 361
Release: 2008
Genre: Civil procedure
ISBN: 904660151X

In modern times, the civil procedural laws of every country have been influenced by those of other countries. For instance, the Japanese legal system was itself influenced by Chinese culture and later developed independently under the policy of national isolation. And since 1868, Japan has modernized its civil procedural law, using French, German, and American law as its models. Japan has recently tried to contribute by way of legislative and legal educational assistance to other Asian countries (Vietnam, Cambodia, etc.) in civil and procedural law. The civil procedural laws of different countries should be expected to harmonize with each other in the global society. This book is the outcome of the Congress of the International Association of Procedural Law at the Ritsumeikan University in Kyoto, Japan. In this book, various outstanding contributors are treating a contemporary legal problem in their own civil procedural systems, including examples from India, the Netherlands, Korea, Italy, China, Japan, etc.

Civil Procedure and Harmonisation of Law

Civil Procedure and Harmonisation of Law
Author: Anna Nylund
Publisher:
Total Pages: 242
Release: 2019
Genre: Civil procedure
ISBN: 9781780688305

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'.

Civil Litigation in a Globalising World

Civil Litigation in a Globalising World
Author: X.E. Kramer
Publisher: Springer Science & Business Media
Total Pages: 381
Release: 2012-02-02
Genre: Law
ISBN: 906704816X

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.

Civil Procedure

Civil Procedure
Author: Joseph W. Glannon
Publisher: Aspen Publishing
Total Pages: 306
Release: 2022-04-19
Genre: Law
ISBN: 1543856233

The perfect complement to the authors’ innovative and accessible casebook—or any civil procedure casebook—Civil Procedure: Rules, Statutes, and Other Materials is a valuable supplement for any Civil Procedure course, with everything you need to ensure that your teaching materials are well-rounded and current, including the amendments effective through December 1, 2021.

Principles of Transnational Civil Procedure

Principles of Transnational Civil Procedure
Author: American Law Institute
Publisher: Cambridge University Press
Total Pages: 248
Release: 2005-12-12
Genre: Law
ISBN: 9781139448581

The American Law Institute and UNIDROIT (International Institute for the Unification of Private Law) are preeminent organizations working 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 and Rules of Transnational Civil Procedure was launched to create a set of acceptable rules and principles that would be accepted globally. This work strives to reduce uncertainty for parties obliged to litigate in unfamiliar surroundings and promote fairness in judicial judgments. As recognized standards of civil justice, Principles and Rules of Transnational Civil Procedure can be used in pleadings, development, and presentation of evidence, legal argument, and tribunal judgments such as arbitration. The result is a work which significantly contributes to the promotion of a universal rule of law norm.

Civil Procedure and Harmonisation of Law

Civil Procedure and Harmonisation of Law
Author: Anna Nylund
Publisher:
Total Pages: 0
Release: 2019
Genre: Civil procedure
ISBN: 9781780686936

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.

Civil Procedure in the European Union

Civil Procedure in the European Union
Author: Paolo Biavati
Publisher: Kluwer Law International B.V.
Total Pages: 386
Release: 2019-09-29
Genre: Law
ISBN: 9403513527

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.