Wetboek Van Burgerlijke Regtsvordering
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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.
Catalogus der Boekerij van den Hoogen Raad der Nederlanden
Author | : NETHERLANDS [Kingdom of the Netherlands.]. Hoge Raad der Nederlanden. Boekerij |
Publisher | : |
Total Pages | : 164 |
Release | : 1856 |
Genre | : |
ISBN | : |
Catalogue of the Laws of Foreign Countries in the State Library of Massachusetts, 1911
Author | : State Library of Massachusetts |
Publisher | : |
Total Pages | : 324 |
Release | : 1911 |
Genre | : Law |
ISBN | : |
Finality in Litigation
Author | : Jacob B. van de Velden |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 463 |
Release | : 2017-04-15 |
Genre | : Law |
ISBN | : 9041183434 |
Ensuring finality in litigation (‘preclusion’) is a challenge. Res judicata and abuse of process are technical doctrines – traps for the unwary. The same doctrines can also be effective tools to avoid unnecessary or vexing duplicative proceedings or to determine how a case may affect the same or a related claim or issue in a subsequent case. This practitioner’s guide is a timely and comprehensive treatise on English law on the topic. It addresses the entire spectrum of preclusion issues arising in an English court: -the court functus officio – the finality of a judgment; -res judicata – merger of the cause of action, cause of action estoppel, and issue estoppel; -abuse of process – relitigation, Henderson v. Hendersonand collateral attack abuse; and -preclusion by foreign judgments. In a manner accessible to foreign lawyers, this book further offers a treatise of Dutch law that is of the same breadth and depth. It addresses all preclusion issues that may crop up in a Dutch court. Moreover, the cross-border context is considered – how domestic judgments fare abroad, how preclusion operates in the Brussels and Lugano regime, levels of preclusion set by European due process, and more. A contribution to conflicts theory, this book finally suggests improvements to the process of preclusion between jurisdictions, by clarifying the distinction between ‘recognition of’ foreign judgments and ‘preclusion by’ foreign judgments and by opening up a new field of choice of preclusion law. A first class work which will be of considerable interest to practitioners and scholars.’ –Lord Collins of Mapesbury former Justice of the UK Supreme Court and General Editor of Dicey and Morris on Conflict of Laws Jacob van de Velden practises international arbitration and litigation at De Brauw Blackstone Westbroek, a member of the Best Friends-network of law firms with Slaughter and May (UK), Bredin Prat (France), BonelliErede (Italy), Hengeler Mueller (Germany) and Uría Menéndez (Spain). He was a co-rapporteur for the International Law Association’s Committee on International Civil Litigation and a research fellow and director of the Private International Law programme at the British Institute of International and Comparative Law.
Nouveau recueil général de traités et autres actes relatifs aux rapports de droit international
Author | : Georg Friedrich von Martens |
Publisher | : |
Total Pages | : 1090 |
Release | : 1912 |
Genre | : Europe |
ISBN | : |
Specific Performance in German, French and Dutch Law in the Nineteenth Century
Author | : Janwillem Oosterhuis |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 653 |
Release | : 2011-04-07 |
Genre | : Law |
ISBN | : 9004196056 |
This book illustrates the influence of early human rights and mass industrialisation on the right to (physically) enforce performance of obligations in France, the German territories and the Netherlands during the nineteenth century. It provides background information to the harmonisation of a controversial concept in European Private Law.
T.M.C. Asser (1838-1913) (2 vols.)
Author | : Arthur Eyffinger |
Publisher | : BRILL |
Total Pages | : 2003 |
Release | : 2019-06-03 |
Genre | : Law |
ISBN | : 9004397973 |
This publication presents a comprehensive review of the life and intellectual legacy of the Dutch Nobel Peace laureate and father of the Hague tradition of international law. It is the first research study based on a wealth of recently disclosed private and family files, and deepens and modifies all earlier evaluations. It enlarges on Asser’s achievements as legal practitioner, university don, pioneer of private international law, diplomat and arbitrator, and State Councillor. It discusses his durable impact as founder of international law bodies and institutions. It likewise highlights the impressive Asser family tradition that exemplifies 19th-century Jewish emancipation in Amsterdam, addresses Asser’s youth and student years, his role as family man and the impact of personal drama on his career. Detailed Table of Contents. Layout of the Book.