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Judicial Case Management and Efficiency in Civil Litigation
  • Language: en

Judicial Case Management and Efficiency in Civil Litigation

  • Type: Book
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  • Published: 2008
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  • Publisher: Unknown

This book addresses judicial case management and issues of efficiency in civil litigation. Apart from France, the focus is on the issues in three comparatively small jurisdictions which are often ignored in the international legal debate - Scotland, Belgium, and the Netherlands. In addition, the ALI /Unidroit Principles of Transnational Civil Procedure and the Storme Report are considered. The volume also contains a contribution on the history of case management in Europe from the end of the 19th century. The book shows that effective judicial case management is likely to flourish in an environment where: (1) the rules of civil procedure do not prescribe a uniform procedural framework for ea...

Civil Litigation in a Globalising World
  • Language: en
  • Pages: 381

Civil Litigation in a Globalising World

  • Categories: Law

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 pr...

Civil Litigation in a Globalising World
  • Language: en
  • Pages: 390

Civil Litigation in a Globalising World

  • Categories: Law

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 pr...

Civil Litigation in China and Europe
  • Language: en
  • Pages: 356

Civil Litigation in China and Europe

  • Categories: Law

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...

Transformation of Civil Justice
  • Language: en
  • Pages: 412

Transformation of Civil Justice

  • Categories: Law
  • Type: Book
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  • Published: 2018-09-03
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  • Publisher: Springer

National civil justice systems are deeply rooted in national legal cultures and traditions. However, in the past few decades they have been increasingly influenced by integration processes at the regional, supra-national and international level. As a by-product of the emergence of economic and political unions and globalisation processes there is pressure to harmonise or even unify the way in which national civil justice systems operate. In an attempt to create a ‘genuine area of justice’, new unified procedures are being developed, which operate in parallel with national civil procedures, and sometimes even strive to replace them. As a reaction to the forces that endeavour to harmonise and unify procedural laws and practices, an opposing trend is gaining momentum: one that insists on diversity and pluralism of national civil procedures. This book focuses on the evolution of procedural reforms in various jurisdictions and the ongoing transformation of national civil justice systems.

A Companion to Western Legal Traditions
  • Language: en
  • Pages: 556

A Companion to Western Legal Traditions

  • Categories: Law
  • Type: Book
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  • Published: 2023-12-28
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  • Publisher: BRILL

This volume offers an extensive introduction to Western legal traditions from antiquity to the twentieth century. Drawing from a variety of scholarly writings, both in English and in translation, thirteen leading scholars present the current state of western legal history research and pave the way for new debates and future study. This is the ideal sourcebook for graduate students, as it enables them to approach the key questions of the field in an accessible way. Contributors are: Aniceto Masferrer, C.H. (Remco) van Rhee, Seán P. Donlan, Stephan Dusil, Gerald Schwedler, Jean-Louis Halpérin, Jan Hallebeek, Agustín Parise, Heikki Pihlajamäki, Dirk Heirbaut, Bernd Kannowski, Adolfo Giuliani, Olivier Moréteau, and Jacques Vanderlinden.

European Traditions in Civil Procedure
  • Language: en
  • Pages: 362

European Traditions in Civil Procedure

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 p...

Towards a Chinese Civil Code
  • Language: en
  • Pages: 577

Towards a Chinese Civil Code

  • Categories: Law

Currently, China is drafting its new Civil Code. Against this background, the Chinese legal community has shown a growing interest in various legal and legislative ideas from around the world. "Towards a Chinese Civil Code" aims at providing the necessary historical and comparative legal perspectives. The book addresses the following topics: property law, contract law, tort law and civil procedure.

Central Courts in Early Modern Europe and the Americas
  • Language: en
  • Pages: 543

Central Courts in Early Modern Europe and the Americas

  • Type: Book
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  • Published: 2020-11-23
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  • Publisher: Unknown

The intimate connection between medieval royal government and the administration of justice led to a new generation of centralized law courts emerging in early modern Europe. Some were newly created institutions, but often they were associated with the evolution of the judicial role of royal councils, or equivalent bodies, which sat outside the ordinary course of justice. Typically these were empowered on behalf of the sovereign to make interventions in legal process on grounds of equity. Legal change of this kind was connected with the development of the state, and reflected the way that enhancement in the exercise of centralized judicial authority could be a powerful force reshaping the ad...

European Patent Law
  • Language: en
  • Pages: 396

European Patent Law

  • Categories: Law

This book provides a comprehensive overview of European Patent Law. It presents a critical analysis of the European patent law system and the proposed changes to it. The book explores the strengths and weaknesses of the European Patent Convention, and the interaction between the national and the European level, as well as across borders.