Global Issues In Civil Procedure
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Global Issues In Civil Procedure
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Author : Thomas O. Main
language : en
Publisher: West Academic Publishing
Release Date : 2006
Global Issues In Civil Procedure written by Thomas O. Main and has been published by West Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
"The cases and materials in this book were selected to introduce first year civil procedure students to a range of cmparative, transnational, and international perspectives"--P.v.
Global Issues In Civil Procedure
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Author : PAUL SCHIFF. WOO BERMAN (MARGARET.)
language : en
Publisher: West Academic Publishing
Release Date : 2021-02-26
Global Issues In Civil Procedure written by PAUL SCHIFF. WOO BERMAN (MARGARET.) and has been published by West Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-26 with categories.
This book is designed to facilitate the introduction of international, transnational, and comparative law issues into a first year civil procedure course. The book is very accessible for first year law students (and their professors). The chapters can be used in any combination and in any order. The book can be assigned or recommended as optional reading to supplement a domestic-only course to advance the students' understanding of their own system.
The Dynamism Of Civil Procedure Global Trends And Developments
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Author : Colin B. Picker
language : en
Publisher: Springer
Release Date : 2015-11-11
The Dynamism Of Civil Procedure Global Trends And Developments written by Colin B. Picker and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-11 with Law categories.
This book shows the surprising dynamism of the field of civil procedure through its examination of a cross section of recent developments within civil procedure from around the world. It explores the field through specific approaches to its study, within specific legal systems, and within discrete sub-fields of civil procedure. The book reflects the latest research and conveys the dynamism and innovations of modern civil procedure - by field, method and system. The book’s introductory chapters lay the groundwork for researchers to appreciate the flux and change within the field. The concluding chapters bring the many different identified innovations and developments together to show the field's ability to adapt to modern circumstances, while retaining its coherence even across different legal systems, traditions, fields and analytic approaches. Specifically, in this book the presence of dynamism is explored in the legal systems of the EU, France, the US, Brazil, Australia, the UK and China. So too that dynamism is explored in the contributions’ analyses and discussions of the changes or need for change of specific aspects of civil procedure including litigation costs, class actions, derivative actions, pleadings, and res judicata. Furthermore, most of the individual contributions may be considered to be comparative analyses of their respective subjects and, when considered as a whole, the book presents the dynamism of civil procedure in comparative perspective. Those discrete and aggregated comparative analyses permit us to better understand the dynamism in civil procedure – for change in the abstract can be less visible and its significance and impact less evident. While similar conclusions may have been drawn through examinations in isolation, employing comparative analytic methods provided a richer analysis and any identified need for change is correspondingly advanced through comparative analysis. Furthermore, if that analysis leads to a conclusion that change is necessary then comparative law may provide pertinent examples for such change - as well as methodologies for successfully transplanting any such changes. In other words, as this book so well reflects, comparative law may itself usefully contribute to dynamism in civil procedure. This has long been a raison d'être of comparative law and, as clear from this book’s contributions, in this particular time and field of study we find that it is very likely to achieve its lofty promise.
Civil Litigation In A Globalising World
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Author : X.E. Kramer
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-02-01
Civil Litigation In A Globalising World written by X.E. Kramer and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-01 with Law categories.
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.
Abuse Of Procedural Rights Comparative Standards Of Procedural
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Author : International Association of Procedural Law
language : en
Publisher: Kluwer Law International B.V.
Release Date : 1999-11-25
Abuse Of Procedural Rights Comparative Standards Of Procedural written by International Association of Procedural Law 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 1999-11-25 with Law categories.
In a very meaningful way, the health of a judicial system may be judged by the care with which its procedural rights are observed. Now, in a book that takes stock of this important element as it is currently used or abused in a number of the world's legal systems, eighteen outstanding scholars approach the subject through an analysis of the following factors: the theoretical and moral implications of procedural abuses the subjects who commit them the typologies of abusive practices the consequences of abusive practices Several authors report on practices in their own countries, revealing distinct evidence of a significant degree of lowered procedural standards in the United States, several European countries, Australia, Japan, and Latin America. General and final reports provide a comparative framework for an analytical study that will repay the study of anyone concerned with the fairness of our legal institutions.
Goals Of Civil Justice And Civil Procedure In Contemporary Judicial Systems
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Author : Alan Uzelac
language : en
Publisher: Springer Science & Business Media
Release Date : 2014-01-11
Goals Of Civil Justice And Civil Procedure In Contemporary Judicial Systems written by Alan Uzelac and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-11 with Law categories.
This book is a collection of papers that address a fundamental question: What is the role of civil justice and civil procedure in the various national traditions in the contemporary world? The book presents striking differences among a range of countries and legal traditions, but also points to common trends and open issues. It brings together prominent experts, professionals and scholars from both civil and common law jurisdictions. It represents all main legal traditions ranging from Europe (Germanic and Romanic countries, Scandinavia, ex-Socialist countries) and Russia to the Americas (North and South) and China (Mainland and Hong Kong). While addressing the main issue – the goals of civil justice – the book discusses the most topical concerns regarding the functioning and efficiency of national systems of civil justice. These include concerns such as finding the appropriate balance between accurate fact-finding and the right to a fair trial within a reasonable time, the processing of hard cases and the function of civil justice as a specific public service. In the mosaic of contrasts and oppositions special place is devoted to the continuing battle between the individualistic/liberal approach and the collectivist/paternalistic approach – the battle in which, seemingly, paternalistic tendencies regain momentum in a number of contemporary justice systems.
International Dispute Resolution
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Author : Vesna Lazić
language : en
Publisher: Springer
Release Date : 2018-07-26
International Dispute Resolution written by Vesna Lazić and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-26 with Law categories.
The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div
International Civil Procedure
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Author : World Law Group Member Firms
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2003-01-01
International Civil Procedure written by World Law Group Member Firms 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 2003-01-01 with Law categories.
A desk reference for lawyers and their clients faced with the prospect of litigation in foreign jurisdictions, this book is a guide to the civil procedure rules and practices in thirty-two major countries and in the European Community. Local rules relating to arbitration and, where available, mediation are also covered.
The Reception And Transmission Of Civil Procedural Law In The Global Society
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Author : Masahisa Deguchi
language : en
Publisher: Maklu
Release Date : 2008
The Reception And Transmission Of Civil Procedural Law In The Global Society written by Masahisa Deguchi and has been published by Maklu this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
In modern times, the civil procedural laws of every country have been influenced by those of other countries. For instance, the Japanese legal system was itself influenced by Chinese culture and later developed independently under the policy of national isolation. And since 1868, Japan has modernized its civil procedural law, using French, German, and American law as its models. Japan has recently tried to contribute by way of legislative and legal educational assistance to other Asian countries (Vietnam, Cambodia, etc.) in civil and procedural law. The civil procedural laws of different countries should be expected to harmonize with each other in the global society. This book is the outcome of the Congress of the International Association of Procedural Law at the Ritsumeikan University in Kyoto, Japan. In this book, various outstanding contributors are treating a contemporary legal problem in their own civil procedural systems, including examples from India, the Netherlands, Korea, Italy, China, Japan, etc.
Electronic Technology And Civil Procedure
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Author : Miklós Kengyel
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-06-26
Electronic Technology And Civil Procedure written by Miklós Kengyel and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-06-26 with Law categories.
The effect of modern and communication technology on civil procedure first appeared on the agenda of the conference organized by the International Association of Procedural Law in 1999, verifying Lord Woolf’s statement from the 90’s, that ”IT will not only assist in streamlining and improving our existing systems and process; it is also likely, in due course, itself to be catalyst for radical change as well...”. At the conference in Pecs in the autumn of 2010 participants from three continents and twenty-five countries examined all aspects of the impact of modern information technology on civil procedure beginning with the electronic submission of the application, ranging from electronic service of documents and electronic means of proof supported by modern information technology. In addition to the practical issues they discussed the possible impact of electronic procedures on traditional principles of civil procedure. The conference book contains seven main reports and eleven correferates, the foreword was written by Prof. Peter Gottwald, the President of the International Association of Procedural Law.