Collective and Mass Litigation in Europe

Collective and Mass Litigation in Europe
Title Collective and Mass Litigation in Europe PDF eBook
Author Astrid Stadler
Publisher Edward Elgar Publishing
Pages 400
Release 2020-11-27
Genre Law
ISBN 1789906059

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Written by leading authorities in the field of European civil procedure and collective redress, this timely book explores the model collective proceedings rules in the ELI/UNDROIT European Rules of Civil Procedure. It explains the intended application of this ‘best practice’ set of collective redress rules, intended to promote greater consistency in civil and commercial court procedure across Europe, linking to existing European practice and initiatives in the field.

The Future of the European Law of Civil Procedure

The Future of the European Law of Civil Procedure
Title The Future of the European Law of Civil Procedure PDF eBook
Author Fernando Gascón Inchausti
Publisher
Pages 0
Release 2020
Genre Civil procedure
ISBN 9781780688596

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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.

European Traditions in Civil Procedure

European Traditions in Civil Procedure
Title European Traditions in Civil Procedure PDF eBook
Author C. H. van Rhee
Publisher Intersentia nv
Pages 362
Release 2005
Genre Civil law
ISBN 905095491X

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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.

Civil Procedure and Harmonisation of Law

Civil Procedure and Harmonisation of Law
Title Civil Procedure and Harmonisation of Law PDF eBook
Author Anna Nylund
Publisher
Pages 0
Release 2019
Genre Civil procedure
ISBN 9781780686936

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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.

European Rules of Civil Procedure

European Rules of Civil Procedure
Title European Rules of Civil Procedure PDF eBook
Author Astrid Stadler
Publisher Edward Elgar Publishing
Pages 785
Release 2023-11-03
Genre Law
ISBN 1800887841

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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.

Principles, Definitions and Model Rules of European Private Law

Principles, Definitions and Model Rules of European Private Law
Title Principles, Definitions and Model Rules of European Private Law PDF eBook
Author Study Group on a European Civil Code
Publisher sellier. european law publ.
Pages 406
Release 2008
Genre Civil law
ISBN 3866530595

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In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.

Procedural Autonomy Across Europe

Procedural Autonomy Across Europe
Title Procedural Autonomy Across Europe PDF eBook
Author Bart Krans
Publisher
Pages 0
Release 2020
Genre Civil procedure
ISBN 9781780689067

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This book investigates the concept of procedural autonomy of Member States in the light of EU law. Does procedural autonomy still adequately describe the powers of national lawmakers and courts to design their civil procedural systems or is it misleading? For the last few decades, Europe has been in a period of increasing Europeanisation of civil procedure. Increased powers of the EU have resulted in hard law, case law and soft law that regulate many types of domestic and cross-border civil cases. These rules have both direct and indirect implications for national procedural law.Gaining insights from selected European jurisdictions (Belgium, England and Wales, Finland, Germany, The Netherlands, Norway, Poland, Slovenia, Spain, and Sweden), this book explores the concept of procedural autonomy from different angles: Is procedural autonomy an adequate term? How is procedural autonomy understood nationally, and is there variation among the Member States? Do some types of EU law or specific characteristics of EU civil procedural law restrain procedural autonomy more than other? How can these differences be explained and is it possible to identify the sources causing such discrepancies?Procedural Autonomy across Europe is a stimulating discussion for lawyers with an interest in civil procedure.