European Civil Procedure
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Civil Procedure In The European Union
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Author : Carlo Rasia
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2022-10-20
Civil Procedure In The European Union written by Carlo Rasia and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-20 with Law categories.
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.
European Rules Of Civil Procedure
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Author : Astrid Stadler
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-11-03
European Rules Of Civil Procedure written by Astrid Stadler and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-03 with Law categories.
European Rules of Civil Procedure sets out a clear examination of the rules adopted by UNDROIT and the European Law Institute in 2020. Presented within a systematic structure to aid enhanced academic understanding, it precisely showcases the substantial comparative knowledge of its authors.
Dimensions Of Evidence In European Civil Procedure
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Author : Vesna Rijavec
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2015-12-29
Dimensions Of Evidence In European Civil Procedure written by Vesna Rijavec and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-29 with Law categories.
Greater efficiency in civil dispute resolution is very much dependent on organized but fair fact-finding. Under European law, however, no clear-cut categorisation of means of evidence exists as yet, and significantly diverging interpretations persist of what is considered 'evidence' in the sense of the foundational Council Regulation (EC) No. 1206/2001 (EER). The EER fails to provide comprehensive rules for many other aspects of evidence taking, pointing instead to national legislation for solutions. As long as evidentiary rules remain different from country to country, there is an inherent risk of conflict of laws between different systems in the course of cooperation between courts in cross-border matters, leading to mistrust amongst judiciary and other participants in the proceedings. Focusing on national rules, and using a comparative method which takes into consideration legal experiences from all legal circles in the EU, this book explains and analyses how the law of evidence works in Europe today. The authors draw on the vast base of relevant information collected in twenty-seven Member States by national reporters. Following the classical enumeration of types of evidence – production of documents, examination of witnesses, expert evidence, inspection by the judge, and examination of the parties – chapters encompass such issues and topics as the following. - judicial cooperation in cross-border cases; – general principles in evidence taking (the right to be heard, oral vs. written form, directness of evidence, burden of proof); – judges' case management powers regarding evidence; – means of evidence; – extent of influence of traditional principles and evidentiary rules on electronic evidence; – application of communication technology in cross-border proceedings; – legal costs; – language; – inadmissible evidence; and – instances in which a court can refuse a request for evidence. The authors offer well-grounded recommendations on requested judge's entitlements, direct and convenient communication, cost issues, revised provisions concerning language obstacles, unification of presumptions, and much more. Armed with the wide-ranging knowledge presented here, practitioners handling civil cases anywhere in Europe will derive great practical benefit from this book. As a masterful synthesis of how evidence is used in national courts in EU Member States, and of how that use is changing, the book will be greatly valued as a unique resource by legal scholars and academics. With featured recommendations it can contribute to the development of mutual trust among the national courts inside the EU as well as trust among policymakers and national courts.
From Common Rules To Best Practices In European Civil Procedure
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Author : Burkhard Hess
language : en
Publisher: Nomos Verlag
Release Date : 2017-12-08
From Common Rules To Best Practices In European Civil Procedure written by Burkhard Hess and has been published by Nomos Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-08 with Law categories.
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.
European Traditions In Civil Procedure
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Author : C. H. van Rhee
language : en
Publisher: Intersentia nv
Release Date : 2005
European Traditions In Civil Procedure written by C. H. van Rhee and has been published by Intersentia nv this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Civil law categories.
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.
European Civil Procedure
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Author : Andrés de la Oliva Santos
language : en
Publisher:
Release Date : 2011
European Civil Procedure written by Andrés de la Oliva Santos and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Law categories.
This volume provides a complete analysis of all EU-Regulations and Directives on civil procedure. The first part of the book tackles international jurisdiction within the EU, as well as recognition and enforcement of foreign judgments in the member States: the general system established in Regulation 44/2001, the particular provisions applicable to matrimonial matters and parental responsibility (Regulation 2201/2003) and, eventually, the rules relating to maintenance obligations (Regulation 4/2009). The second part is devoted to access to justice and judicial cooperation in the EU. It focuses on mediation as an «alternative» to jurisdiction (Directive 2008/52), the minimum common rules on legal aid (Directive 2003/8), transmission of judicial and extrajudicial documents for the purposes of service (Regulation 1393/2007) and, finally, the taking of evidence in other member states (Regulation 1206/2001). Lastly, the third part of the volume deals with the legal instruments aiming to strengthen the judicial protection of credit within the EU: the European enforcement order for uncontested claims (Regulation 805/2004), the European order for payment procedure (Regulation 1896/2006), the European small claims procedure (Regulation 861/2007) and the rules applicable to insolvency proceedings (Regulation 1346/2000). The book is addressed to those academics and practitioners (mainly judges and lawyers) interested in European civil procedure. They will find a fine piece of work, written in a direct and clear style, which intends to be scientifically rigorous, facing the many problems that arise when European law on civil procedure comes into play.
Procedure Matters
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Author : Xandra Kramer
language : en
Publisher: Eleven International Publishing
Release Date : 2013
Procedure Matters written by Xandra Kramer and has been published by Eleven International Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Civil procedure categories.
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.
The Future Of The European Law Of Civil Procedure
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Author : Fernando Gascón Inchausti
language : en
Publisher:
Release Date : 2020
The Future Of The European Law Of Civil Procedure written by Fernando Gascón Inchausti and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Civil procedure categories.
This book provides precious insight into the dynamics of this new approach to consolidating European Civil Justice, clearly outlining the motivations of the various national and institutional players involved and examining potential obstacles likely to be encountered along the way. The book represents a work of reference for anyone involved in academia, practice or law reform in this subject area.
Civil Procedure And Eu Law
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Author : Eva Storskrubb
language : en
Publisher: OUP Oxford
Release Date : 2008
Civil Procedure And Eu Law written by Eva Storskrubb and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Language Arts & Disciplines categories.
Examining a burgeoning policy area of the EU - the regulation of cross border civil and commercial litigation - this title analyses the EU's specific legislative measures and assesses their impact on litigation procedure, particularly due process rights.
Eli Ds Unidroit Model European Rules Of Civil Procedure
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Author : European Law Institute
language : en
Publisher: Oxford University Press
Release Date : 2021
Eli Ds Unidroit Model European Rules Of Civil Procedure written by European Law Institute and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.
This volume was developed as part of a cooperative project of the European Law Institute (ELI) and the International Institute for the Unification of Private Law (Unidroit), dealing with civil procedure law. The long-term project began in February 2014, as a joint endeavour to adapt the American Law Institute/Unidroit Principles of Transnational Civil Procedure to the European legal environment, and ended in 2020 with the approval of the ELI-Unidroit Model European Rules of Civil Procedure. Featured in this volume, the Rules are accompanied by comments. They take into account the diverse traditions in Europe concerning civil procedure law and aim to find a common thread in them. Therefore, they not only consider the similarities but also the differences in order to gain a solution that does not favour one legal system but combines aspects of them all, fostering effectiveness and fairness in civil procedure.