Download or read book Preliminary Injunctions Germany England Wales Italy and France written by Torsten Frank Koschinka and published by Kluwer Law International B.V.. This book was released on 2015-10-08 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every legal system, at the outset of court proceedings, has rules aimed at safeguarding parties' interests during the time needed to obtain a judgment on the merits. However, as the European Commission put the case in a 1997 communication, 'a comparative survey of national legislation reveals that there are virtually no definitions of provisional/protective measures and that the legal situations vary widely. The only convergence that can be ascertained is between the function of such measures.' Recognizing that after almost twenty years the issues noted by the Commission have not found a satisfactory solution, here at last is a book that collects and compares the ideas behind the 'preliminary injunction' (an expression the authors use as a general term for a great variety of provisional and precautionary measures) with an eye to defining and organizing this small but very important aspect of the law. Although the analysis touches on relevant measures from many countries, the authors focus on the national legislation in four EU Member States – England, France, Germany, and Italy – to highlight the nature of the differences these kinds of measures entail. They compare and contrast such aspects as the following: – differences in civil procedure; - the types of measures that may be taken; - the terms on which preliminary injunctions, which are normally directly enforceable, may be ordered by a court; - the kind of assets that may be affected; - the relationship between proceedings in an interlocutory action and proceedings on the substance; - necessity of credible evidence that immediate and irreparable injury, loss, or damage will result if no preliminary injunction is granted; and - the role of protective measures in summary proceedings. The study also describes and examines the recent European order for payment (EC Regulation No. 1896/2006), the most significant existing transnational instrument aimed at granting preliminary protection of creditors' rights. This incomparable book represents a major contribution to a growing debate, particularly in Europe, on ways and means of securing equivalent protection for all litigants. Given the variety of legal systems and of measures available, the debate will have to focus on the functions served by provisional/protective measures, the minimum conditions to be satisfied, the adversary procedure requirement, the enforceability of the measures, and possible redress procedures. There is no more thorough and reliable resource available to clarify these issues for practitioners and interested policymakers everywhere.
Download or read book Civil Procedure in Italy written by Michele Angelo Lupoi and published by Kluwer Law International B.V.. This book was released on 2018-02-27 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Italy. 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 Italy 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.
Download or read book Civil Litigation in China and Europe written by C.H. (Remco) van Rhee and published by Springer Science & Business Media. This book was released on 2013-12-03 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses the role of the judge and the parties in civil litigation in mainland China, Hong Kong and various European jurisdictions. It provides an overview and an analysis of how these respective roles have been changed in order to cope with growing caseloads and quality demands. It also shows the different approaches chosen in the jurisdictions covered. Mainland China is introducing far-reaching reforms in its system of civil litigation. From an inquisitorial procedure, in which the parties play a relatively minor role, the country is changing to a more adversarial system with increased powers for the parties. At the same time, case management and the role of the judge as it is understood in mainland China remains different from case management and the role of the judge in Western countries, mainly as regards the limited powers of individual Chinese judges in this respect. Changes in China are justified by the ever-increasing case load of the Chinese courts and the consequent inability to deal with cases in an adequate manner, even though generally speaking Chinese courts still adjudicate civil cases within a relatively short time frame (this may, however, be problematic when viewed from the perspective of the quality of adjudication). Growing caseloads and quality concerns may also be observed in various European states and Hong Kong. In these jurisdictions the civil procedural systems have a relatively adversarial character and it is some of the adversarial features of the existing systems of procedure which are felt to be problematic. Therefore, the lawmakers have opted for increasing the powers of the judge, often making the judge and the parties mutually responsible for the proper conduct of civil cases. Starting from opposite directions, mainland China and the various European states and Hong Kong could meet half way in their reform attempts. This is, however, only possible if a proper understanding is fostered of the developments in these different parts of the World. Even though in both China and Europe the academic community and lawmakers are showing a keen interest in the relevant developments abroad, a study addressing the role of the judge and the parties in civil litigation in both China and Europe is still missing. This book aims to fill this gap in the existing literature.
Download or read book Studi per Giovanni Nicosia written by and published by Giuffrè Editore. This book was released on 2007 with total page 4371 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Studi in onore di Vittorio Denti Storia e metodologia garanzie e principi generali written by and published by . This book was released on 1994 with total page 776 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial System Reform in Italy A Key to Growth written by Gianluca Esposito and published by International Monetary Fund. This book was released on 2014-02-13 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt: The inefficiency of the Italian judicial system has contributed to reduced investments, slow growth and a difficult business environment. The enforcement of civil and commercial claims suffers from excessive delays in court proceedings, resulting in a very large number of pending cases. The Italian authorities have over the years taken steps to remove bottlenecks and speed up judicial proceedings. While these measures are generally steps in the right direction, more can be done. Consideration could be given, inter alia, to reviewing court fees, improving the new mandatory mediation scheme, strengthening court management, and reforming the appeal system.
Download or read book Studi in onore di Vittorio Denti written by and published by . This book was released on 1994 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Annuario di diritto comparato e di studi legislativi written by and published by . This book was released on 1969 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Codice Della Navigazione E Relativi Regolamenti written by Italy and published by . This book was released on 1976 with total page 1718 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Processo sommario di cognizione Il rito e il modello written by Lupoi, Michele, Angelo and published by G Giappichelli Editore. This book was released on 2019-06-18 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Il procedimento sommario di cognizione ha introdotto un forte elemento di innovazione nella tutela giurisdizionale dei diritti in Italia. Esso, infatti, permette di decidere cause “semplici” sul piano fattuale e giuridico in tempi più brevi di quelli ordinari, grazie alla deformalizzazione dell’istruttoria. Nell’applicazione pratica, a dire il vero, il rito introdotto dal legislatore nel 2009 non sembra avere ancora avuto un impatto nel modificare l’approccio degli operatori forensi al processo civile. Il nuovo rito, in effetti, ispirato ai principi di flessibilità e proporzionalità, per funzionare in modo efficace, richiede collaborazione tra giudice e avvocati e un approccio alle dinamiche procedurali meno formale e maggiormente improntato all’oralità e alla immediatezza. In questo volume, il procedimento sommario viene analizzato sia come “rito”, disciplinato dagli artt. 702-bis ss. c.p.c., sia come “modello”, nel contesto della semplificazione dei riti operata dal decreto legislativo n. 150 del 2011. Attenzione viene dedicata anche all’art. 183-bis c.p.c. che, dal 2014, consente al giudice monocratico del Tribunale di disporre il passaggio dall’istruttoria ordinaria a quella sommaria nelle cause più semplici. L’analisi giurisprudenziale si affianca all’esperienza giurisprudenziale, con un approccio teorico-pratico, nel tentativo di offrire chiavi di lettura e spunti operativi per un più diffuso utilizzo dell’istruttoria semplificata nella prassi.
Download or read book The Proposed Common European Sales Law written by Guido Alpa and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proposal from the European Commission for a Regulation on a Common European Sales Law (CESL) has raised divergent reactions from various parties across Europe. This volume contributes actively to this discussion, offering the lawyers' point of view. The book promotes a debate and an exchange of views among representatives from the European Commission, the European Parliament, and legal practitioners regarding the main legal issues of the CESL. The outcome is a dialogue where general concerns (such as: Do we need a CESL? Can the CESL achieve what it sets out to do? etc.) receive articulate answers considering both theoretical and practical implications of the CESL.
Download or read book Studi in onore di Tito Carnacini written by and published by . This book was released on 1983 with total page 1074 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Nobody s Perfect written by Alan Uzelac and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public confidence in the justice system depends on the belief that decisions made in the judicial processes are reasonably correct and accurate. This book focuses on the systems of appellate control of court judgments. The editors explore the relationship between the different approaches to appeals in national civil justice systems and their impact on the overall efficiency and effectiveness of the legal protection of individual rights.
Download or read book Handbook on Restorative Justice Programmes written by Yvon Dandurand and published by United Nations Publications. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present handbook offers, in a quick reference format, an overview of key considerations in the implementation of participatory responses to crime based on a restorative justice approach. Its focus is on a range of measures and programmes, inspired by restorative justice values, that are flexible in their adaptation to criminal justice systems and that complement them while taking into account varying legal, social and cultural circumstances. It was prepared for the use of criminal justice officials, non-governmental organizations and community groups who are working together to improve current responses to crime and conflict in their community
Download or read book Annual Legal Bibliography written by Harvard Law School. Library and published by . This book was released on 1968 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Bulletin de L Institut International de Statistique written by International Statistical Institute and published by . This book was released on 1903 with total page 1552 pages. Available in PDF, EPUB and Kindle. Book excerpt:
