From common rules to best practices in European Civil Procedure

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Release : 2017-12-08
Genre : Law
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Book Rating : 214/5 ( reviews)

From common rules to best practices in European Civil Procedure - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook From common rules to best practices in European Civil Procedure write by Burkhard Hess. This book was released on 2017-12-08. From common rules to best practices in European Civil Procedure available in PDF, EPUB and Kindle. 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.

Procedure Matters

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Release : 2013
Genre : Civil procedure
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Book Rating : 096/5 ( reviews)

Procedure Matters - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Procedure Matters write by Xandra Kramer. This book was released on 2013. Procedure Matters available in PDF, EPUB and Kindle. On January 20, 2012, Xandra Kramer was installed as holder of the Chair of European Civil Procedure at the Erasmus School of Law, Erasmus University Rotterdam. Kramer specializes in private international law and civil procedure, and takes an interest in empirical legal research. She has joined the Erasmus School of Law interdisciplinary research program 'Behavioral Approaches to Contract and Tort.' In her inaugural lecture, which is documented in this book, she stresses the importance of effective procedural law rules to enforce rights and act as the guarantor of fundamental rights. The enforcement of cross border rights is complicated by the huge differences in civil procedure, as well as legal and practical obstacles. These complications jeopardize the right of access to justice and fair trial, and have as a result triggered the harmonization of civil procedure. Kramer illustrates that the gradual harmonization of civil procedure within the EU is largely ad hoc and lacks both a vision and an architectural plan. The 'deconstructivism' in European civil procedure is a potential source of injustice and may endanger rather than improve access to justice. This necessitates a fundamental debate on the foundations and future architecture of European civil procedure, in which the common denominators should be: access to justice, securing quality of justice, and best practices based on empirical evidence. She urges academics to be at the forefront in creating a blueprint for the future of European civil procedure.

European Traditions in Civil Procedure

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Release : 2005
Genre : Civil law
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Book Rating : 91X/5 ( reviews)

European Traditions in Civil Procedure - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook European Traditions in Civil Procedure write by C. H. van Rhee. This book was released on 2005. European Traditions in Civil Procedure available in PDF, EPUB and Kindle. 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.

Collective and Mass Litigation in Europe

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Release : 2020-11-27
Genre : Law
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Book Rating : 059/5 ( reviews)

Collective and Mass Litigation in Europe - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Collective and Mass Litigation in Europe write by Astrid Stadler. This book was released on 2020-11-27. Collective and Mass Litigation in Europe available in PDF, EPUB and Kindle. Written by leading authorities in the field of European civil procedure and collective redress, this timely book explores the model collective proceedings rules in the ELI/UNDROIT European Rules of Civil Procedure. It explains the intended application of this ‘best practice’ set of collective redress rules, intended to promote greater consistency in civil and commercial court procedure across Europe, linking to existing European practice and initiatives in the field.

Civil Procedure in the European Union

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Release : 2022-10-20
Genre : Law
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Book Rating : 963/5 ( reviews)

Civil Procedure in the European Union - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Civil Procedure in the European Union write by Carlo Rasia. This book was released on 2022-10-20. Civil Procedure in the European Union available in PDF, EPUB and Kindle. 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.