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Shaping Civil Litigation Using Procedural Agreements
  • Language: en

Shaping Civil Litigation Using Procedural Agreements

  • Categories: Law

This book delves into the critical examination of choice-of-court, evidentiary, costs, appeal, and alternative dispute resolution agreements, offering a discussion on the boundaries between procedural and contract law.

Civil Procedure in Norway
  • Language: en
  • Pages: 348

Civil Procedure in Norway

  • Categories: Law

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 Norway. 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...

Nordic Mediation Research
  • Language: en
  • Pages: 269

Nordic Mediation Research

  • Categories: Law
  • Type: Book
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  • Published: 2018-04-03
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  • Publisher: Springer

This open access book presents twelve unique studies on mediation from researchers in Denmark, Finland, Norway and Sweden, respectively. Each study highlights important aspects of mediation, including the role of children in family mediation, the evolution and ambivalent application of restorative justice in the Nordic countries, the confusion of roles in court-connected mediation, and the challenges in dispute systems. Over the past 20-30 years, mediation has gained in popularity in many countries around the world and is often heralded as a suitable and cost-effective mode of conflict resolution. However, as the studies in this volumes show, mediation also has a number of potential drawbacks. Parties’ self-determination may be jeopardized, affected third parties are involved in an inadequate way, and the legal regulations may be flawed. The publication can inspire research, help professionals and policymakers in the field and be used as a textbook.

The European Union and National Civil Procedure
  • Language: en

The European Union and National Civil Procedure

  • Type: Book
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  • Published: 2016
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  • Publisher: Unknown

'This publication is extremely interesting since it shows that the law of the European Union has an impact on national procedural law. Cross-fertilisation is indeed a very important tool.'--Marcel Storme, Honorary Pres. of the International Assoc. of Procedural Law ***This book discusses the impact of EU law on selected national legal systems. The authors analyze how the civil procedure system of their countries has reacted to increasing Europeanisation and the influence of EU law. They identify significant changes and disseminate the reasons for particular developments and the further implications of EU law on the civil procedure. Europe is in a period of increasing Europeanisation of civil...

Civil Procedure and Harmonisation of Law
  • Language: en

Civil Procedure and Harmonisation of Law

  • Type: Book
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  • Published: 2019
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  • Publisher: Unknown

This book explores how EU and international civil procedure rules (hard law, soft law, and judicial decision) shape national civil procedure law of the EU member states.

The Future of Civil Litigation
  • Language: en
  • Pages: 424

The Future of Civil Litigation

  • Categories: Law
  • Type: Book
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  • Published: 2014-07-05
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  • Publisher: Springer

This book offers an analysis of the current trends and developments in Nordic civil litigation and is divided into four main parts. In the first part a picture of the current civil litigation landscape is provided by focusing on whether there is a truly Nordic form of civil litigation, the current state of Nordic civil litigation, the recent major reforms of civil procedure legislation and the effects of Europeanization. In the second part, the way rules on court-connected mediation have been implemented and practiced in the Nordic countries is discussed. The authors offer their insights on why court-connected mediation has not been fully embraced by Nordic lawyers and the Nordic approach to...

Rethinking Nordic Courts
  • Language: en
  • Pages: 311

Rethinking Nordic Courts

  • Categories: Law

This open access book examines whether a distinctly Nordic procedural or court culture exists and what the hallmarks of that culture are. Do Nordic courts and court proceedings share a distinct set of ideas and values that in combination constitute the core of a regional legal culture? How do Europeanisation, privatisation, diversification and digitisation influence courts and court proceedings in the Nordic countries? The book traces the genesis and formation of Nordic courts and justice systems to provide a richer comprehension of contemporary Nordic legal culture, and an understanding of the relationship between legal cultural stability and change. In answering these questions, the book p...

Current Trends in Preparatory Proceedings
  • Language: en
  • Pages: 250

Current Trends in Preparatory Proceedings

  • Categories: Law
  • Type: Book
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  • Published: 2016-04-18
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  • Publisher: Springer

This book explores the regulations, goals and functioning of preparatory proceedings in four Nordic countries and eight former communist countries. The contributions discuss whether, and how the regulation and practice of preparatory proceedings enhance swift civil justice that is both inexpensive and has quality outcomes. A central question is whether the main hearing model of civil justice, in which preclusion of new evidence and claims occur at the end of the preparatory stage, results in greater efficiency, or whether the functioning of civil proceedings largely depends on other factors. It also examines regulation and use of court-connected mediation and judicial settlement efforts. Thi...

Civil Procedure and Harmonisation of Law
  • Language: en
  • Pages: 242

Civil Procedure and Harmonisation of Law

  • Type: Book
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  • Published: 2019
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  • Publisher: Unknown

A range of international and European Union legal instruments exert influence on the national civil procedure rules of European Union member states. Some specifically aim for the harmonisation of national procedural law across Europe, while others primarily focus on facilitating cross-border litigation, enforcing rights or setting minimum standards. However, often the same time instruments cause fragmentation, reduce coherence and challenge prevailing concepts and doctrines of national civil procedure law. With a view to carefully selected North Western jurisdiction (EU and EEA member states) this book explores how EU, EEA, and international legislation, judicial activism on EU and national ...

Children’s Constitutional Rights in the Nordic Countries
  • Language: en
  • Pages: 440

Children’s Constitutional Rights in the Nordic Countries

  • Categories: Law
  • Type: Book
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  • Published: 2019-12-02
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  • Publisher: BRILL

The book presents a comparative study of children’s constitutional rights in Denmark, Finland, Iceland, Norway and Sweden. The authors discuss the value of enshrining children’s rights in national constitutions in addition to implementing the Convention on the Rights of the Child (CRC). Central issues are whether enshrining children’s rights in the Constitution improves implementation and enforcement of those rights by providing advocacy tools and by mandating courts, legislators, policy-makers and practitioners to take children’s rights seriously. The study assesses whether the Nordic constitutions are in line with the child rights approach of the CRC both on a general level and in detail in three domains; the best interests of the child, participation rights, and the right to respect for family life.