European Traditions in Civil Procedure

European Traditions in Civil Procedure
Author: C. H. van Rhee
Publisher: Intersentia nv
Total Pages: 362
Release: 2005
Genre: Civil law
ISBN: 905095491X

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.

Specific Performance in German, French and Dutch Law in the Nineteenth Century

Specific Performance in German, French and Dutch Law in the Nineteenth Century
Author: Janwillem Oosterhuis
Publisher: BRILL
Total Pages: 652
Release: 2011-04-06
Genre: Law
ISBN: 9004202285

The current French, German and Dutch Law of Contract each offer a remedy of specific performance to creditors suffering from breach of contract. This book analyses the alterations to this remedy during the nineteenth century on the substantive, procedural and enforcement levels. Fascinatingly, there is a link between changes to the remedy and the development of early human rights and the mass industrialisation of society. The latter had the effect of actually converging the national remedies of specific performance in the examined systems: damages and rescission became more accessible as remedies at the cost of specific performance. The book demonstrates the interdependency between law and society and provides vital background information to the harmonisation of a controversial concept in the European Law of Obligations. Studies in the History of Private Law, vol. 2

Traité Théorique Et Pratique de Procédure (Organisation Judiciaire, Compétence Et Procédure En Matière Civile Et Commerciale)

Traité Théorique Et Pratique de Procédure (Organisation Judiciaire, Compétence Et Procédure En Matière Civile Et Commerciale)
Author: Eugene Garsonnet
Publisher: Wentworth Press
Total Pages: 712
Release: 2018-07-26
Genre: Law
ISBN: 9780270451269

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Traité Théorique Et Pratique De Procédure (Organisation Judiciaire, Compétence Et Procédure En Matière Civile Et Commerciale)

Traité Théorique Et Pratique De Procédure (Organisation Judiciaire, Compétence Et Procédure En Matière Civile Et Commerciale)
Author: Eugène Garsonnet
Publisher: Wentworth Press
Total Pages: 736
Release: 2018-07-30
Genre:
ISBN: 9780274099429

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Civil Procedure

Civil Procedure
Author: Law Society of Upper Canada. Bar Admission Course
Publisher: Brill Archive
Total Pages: 274
Release: 1983
Genre: Civil procedure
ISBN: