Download or read book Truth and Efficiency in Civil Litigation written by C. H. van Rhee and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the pursuit of justice, truth always plays a prominent role. In most legal systems, elaborate rules on the taking of evidence try to guarantee that an accurate, factual basis is used for the application of the law. Such rules are the core of most methods of adjudication and they are the main theme of the present volume, which focuses specifically on the rules of evidence within the context of efficiency in civil proceedings.

Download or read book Civil Litigation in a Globalising World written by X.E. Kramer and published by Springer Science & Business Media. This book was released on 2012-02-02 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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.

Download or read book Fact finding in Civil Litigation written by Rijk Remme Verkerk and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In civil cases, the facts of the case are often decisive. This book provides a comparative analysis of the process of fact-finding in the litigation process. It offers theoretical insights on the distinctive features of the fact-finding arrangements in civil cases in Austria, the Netherlands, and the United States. It also examines the empirical data that sheds light on the operation of procedural rules in legal practice. The book studies specific fact-finding regulations as components of an entire system and places them in a broader context. It analyzes the history of fact-finding arrangements to elucidate the legal tradition that has shaped the mindset of practitioners and legislators. In addition, the relationship between procedural rules and the prevailing constitutional and political theory is discussed. Rules are commonly designed and adopted to promote procedural values, such as efficiency, legitimacy, accuracy, and fairness. Fact-Finding in Civil Litigation discusses the values

Download or read book Civil Justice in Crisis written by A. A. S. Zuckerman and published by Oxford University Press on Demand. This book was released on 1999 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sense of crisis in the administration of civil justice is present in many countries. Delays and high costs render access to the civil courts either useless or prohibitively expensive or both. The crisis takes different forms. In some jurisdictions the problems lie in high and unpredictable costs but in others there are overcrowded courts and exorbitant delays. Those interested in civil justice will be familiar with their own system but they will seldom have knowledge of other systems and these essays, written by leading experts in the field, survey different systems of civil justice from other jurisdictions. An understanding of other systems will enrich the reform discussions in which each country by drawing attention to common problems, to their roots, to the solutions tried and, above all, to the consequences (for better or for worse) of reform. Civil Justice in Crisis shows that we can learn from others' success but that we may find their failures even more instructive.

Download or read book Principles of Transnational Civil Procedure written by American Law Institute and published by Cambridge University Press. This book was released on 2007-01-29 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ALI (American Law Institute) and UNIDROIT (the International Institute for the Unification of Private Law) are preeminent organizations working together 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 of Transnational Civil Procedure was launched to create a set of procedural rules and principles that would be adopted globally. This work strives to reduce uncertainty for parties that must litigate in unfamiliar surroundings and to promote fairness in judicial proceedings. As recognized standards of civil justice, Principles of Transnational Civil Procedure can be used in judicial proceedings as well as in arbitration. The result is a work that significantly contributes to the promotion of a universal rule of procedural law. The American Law Institute was organized in 1923 following a study conducted by a group of prominent American judges, lawyers, and law professors. Their recommendation that a lawyers' organization be formed to improve the law and its administration led to the creation of The American Law Institute. UNIDROIT was founded in 1926 as a specialized agency of the League of Nations. It exists as an independent intergovernmental organization on the basis of a multilateral agreement, the UNIDROIT Statute. Its purpose is to study needs and methods for modernizing, harmonizing, and coordinating private laws between states and groups of states and to prepare legislative texts for consideration by governments.

Download or read book Within a Reasonable Time written by C. H. van Rhee and published by . This book was released on 2010 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: As it becomes clear from the contributions to this volume, delay in civil litigation is a central issue in the Western legal tradition. It cannot be avoided since justice cannot be done without a proper investigation of the case at issue and this takes time. Justice and procedural delay are therefore virtually synonymous. However, even though delay is unavoidable, it becomes problematic when it can be qualified as »undue«. [...] the present volume contains a fascinating collection of causes of due and undue delay in civil litigation [...] as well as measures to reduce the time needed to arrive at a final decision of the case. Therefore, this collection of essays may not only be worthwhile for the historically interested lawyer, but most likely also for those with an interest in the improvement of the procedural systems of our modern world.

Download or read book Tomo I Codice di Procedura Civile Commentato written by aa.vv. and published by IPSOA. This book was released on 2018-10-10 with total page 2357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Versione eBook del Tomo I del nuovissimo Codice di procedura civile Commentato curato dal Prof. Caludio Consolo. Rcchiude il commento approfondito articolo per articolo alla Costituzione (artt. 24, 25, 111), Codice civile (artt. 2907-2909) e Codice di procedura civile Libro I (artt. 1-162).

Download or read book Evaluation of Evidence written by Mirjan Damaška and published by Cambridge University Press. This book was released on 2019 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: Well-chosen negative legal proof rules can be useful procedural safeguards. They existed in both pre-modern and modern criminal procedures.

Download or read book Tomo II Codice di Procedura Civile Commentato written by aa.vv. and published by IPSOA. This book was released on 2018-10-10 with total page 2132 pages. Available in PDF, EPUB and Kindle. Book excerpt: Versione eBook del Tomo II del nuovissimo Commentario al Codice di procedura civile curato dal Prof. Claudio Consolo, racchiude il commento approfondito articolo per articolo al Libro II del codice di procedura civile (artt. 163-390).

Download or read book Del cancelliere dell ufficio per il processo e dell ufficiale giudiziario written by Marianna Elisabetta Gurrado and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Tomo IV Codice di procedura civile Commentato written by aa.vv. and published by IPSOA. This book was released on 2018-10-10 with total page 2435 pages. Available in PDF, EPUB and Kindle. Book excerpt: Versione eBook del Tomo IV del nuovissimo Commentario al Codice di procedura civile curato dal Prof. Caludio Consolo, racchiude il commento approfondito articolo per articolo a Libro IV (artt. 669bis-840) c.p.c., alle Disposizioni per l’attuazione del c.p.c., D.Lgs. n. 28/2010, art. 59, l. n. 69/2009, del Tribunale delle Acque e del Tribunale delle Imprese.

Download or read book Tomo III Codice di procedura civile Commentato written by aa.vv. and published by IPSOA. This book was released on 2018-10-10 with total page 2109 pages. Available in PDF, EPUB and Kindle. Book excerpt: Versione eBook del Il Tomo III del nuovissimo Commentario al Codice di Procedura civile curato dal Prof. Claudio Consolo, racchiude il commento approfondito articolo per articolo al Libro II (artt. 391-473), Libro III (artt. 474-632) e Libro IV (artt. 633-669) del codice di procedura civile.