German Civil Justice

Author by : Peter L. Murray
Languange : en
Publisher by : Unknown
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Description : German Civil Justice is an English-language detailed description and comparative analysis of the legal framework and practical working of the modern German civil justice system. This comprehensive work presents German civil litigation, both procedural law doctrine and actual practice, in terms relevant and understandable to readers mainly familiar with the common-law systems of England and the United States. Authors Murray and Sturner include detailed treatment of the various institutions of civil justice such as courts, judges and lawyers, discussion of the theoretical principles upon which German litigation is conducted, and a step-by-step analysis of German civil procedure, from the filing of suit to revision appeal. The work also includes coverage of specialized institutions of civil justice such as family law procedure, special streamlined warning and check procedures, execution, bankruptcy and arbitration, as well as extended treatment of German civil justice in international matters. The book concludes with a comparative analysis of the salient features of German civil litigation with Anglo-American civil justice institutions and procedures. German Civil Justice is oriented to lawyers, law professors, and law students who wish to obtain a basic understanding of the workings of the German civil justice system, current law and policy issues of that system, and how the German system compares with systems in Great Britain and the United States. The work contains abundant citations to additional sources for readers who seek more detailed knowledge of individual topics and issues. Chapter 1 of the book contains a brief overview of the system as a whole that is suitable for introductory purposes in courses with some other main focus.


Failures Of American Civil Justice In International Perspective

Author by : James R. Maxeiner
Languange : en
Publisher by : Cambridge University Press
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Total Read : 11
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Description : Civil justice in the United States is neither civil nor just. Instead it embodies a maxim that the American legal system is a paragon of legal process which assures its citizens a fair and equal treatment under the law. Long have critics recognized the system's failings while offering abundant criticism but few solutions. This book provides a comparative-critical introduction to civil justice systems in the United States, Germany and Korea. It shows the shortcomings of the American system and compares them with German and Korean successes in implementing the rule of law. The author argues that these shortcomings could easily be fixed if the American legal systems were open to seeing how other legal systems' civil justice processes handle cases more efficiently and fairly. Far from being a treatise for specialists, this book is an introductory text for civil justice in the three aforementioned legal systems.


Civil Procedure In Germany

Author by : Harald Koch
Languange : en
Publisher by : Kluwer Law International
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Total Read : 39
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Description : Civil Procedure in Germany is an English-language description of the German system of civil procedure. After a summary of the political and legal systems and of the sources of German law, the book discusses the general features of the administration of justice in civil cases. Part I deals with the judicial organization of the German system. The courts and their members, the bars and the bailiffs are discussed. Part II deals with both the domestic and the international jurisdiction of German courts. Part III examines actions and claims brought before the courts, while Part IV analyzes the court proceedings, such as pre-trial proceedings, proceedings in first instance and review proceedings. Part V discusses specific incidents and Part VI addresses legal aid and legal cost. Parts VII and VIII deal with evidence and with such matters as burden of proof and evaluation, admissibility of evidence, and in particular administration of evidence. Part IX examines seizure for security and the enforcement of judgements: both domestic and foreign proceedings (summary procedure with documentary evidence, collection proceedings, family matters, parents and child-cases and maintenance matters, simplified procedures in municipal courts and arbitration proceedings) are dealt with. Finally, Part X discusses both domestic and international arbitration.


Civil Justice In Germany

Author by : Burke Shartel
Languange : en
Publisher by : Unknown
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Civil Disobedience And The German Courts

Author by : Peter E. Quint
Languange : en
Publisher by : Routledge
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Description : In the 1980s the West German Peace Movement -- fearing that the stationing of NATO nuclear missiles in Germany threatened an imminent nuclear war in Europe -- engaged in massive protests, including sustained civil disobedience in the form of sit-down demonstrations. Civil Disobedience and the German Courts traces the historical and philosophical background of this movement and follows a group of demonstrators through their trials in the German criminal courts up to the German Constitutional Court -- in which their fate was determined in two important constitutional cases. In this context, the volume also analyzes the German Constitutional Court, as a crucial institution of government, in comparative perspective. The book is the first full-length English language treatment of these events and constitutional decisions, and it also places the decisions at an important turning-point in German constitutional history.


Charting The Divide Between Common And Civil Law

Author by : Thomas Lundmark
Languange : en
Publisher by : Oxford University Press
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Total Read : 13
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Description : What does it mean when civil lawyers and common lawyers think differently? In Charting the Divide between Common and Civil Law, Thomas Lundmark provides a comprehensive introduction to the uses, purposes, and approaches to studying civil and common law in a comparative legal framework. Superbly organized and exhaustively written, this volume covers the jurisdictions of Germany, Sweden, England and Wales, and the United States, and includes a discussion of each country's legal issues, structure, and general rules. Students of international law, comparative law, social philosophy, and legal theory will find this volume a valuable introduction and companion to their courses.


Goals Of Civil Justice And Civil Procedure In Contemporary Judicial Systems

Author by : Alan Uzelac
Languange : en
Publisher by : Springer Science & Business Media
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Description : 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.


Annual Of German And European Law

Author by : Russell Miller
Languange : en
Publisher by : Berghahn Books
Format Available : PDF, ePub, Mobi
Total Read : 58
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Description : German law has been of long-standing interest and increasing relevance around the world, but access for researchers and practitioners very frequently was limited by the necessity of German language proficiency. Offering English-language access to these fields, the Annual of German & European Law is a significant contribution to the global discourse on and study of German, European and Comparative law. Each volume presents: (1) articles – original, cutting-edge scholarship from the fields of German and European law; (2) jurisdictional reports – comments on the latest caselaw from Germany’s most significant courts and the case-law of the European courts having importance for Germany; (3) book reviews – surveying the most compelling recent literature (whether in the German or English language) in the fields of German and European law; and (4) translations – exclusive English-language versions of significant primary sources of German law, including statutes and court opinions). The first volumes of the Annual of German & European Law have attracted contributions from some of the most preeminent commentators, scholars and jurists in the fields, including, among others: Luke Nottage (Volume I); Juliet Lodge (Volume I); Alexander Somek (Volume I): Susanne Baer (Volume I): Renate Jaeger (Volume II): Günter Frankenberg (Volume II): Bootjan Zupanãiã (Volume II): Nigel Foster (Volume II) The third volume maintains this tradition of high quality, peer-reviewed scholarship with contributions expected from Gertrude Lübbe-Wolff (Justice, German Federal Constitutional Court) and Christian Joerges (European University Institute).


Supreme Courts Under Pressure

Author by : Pablo Bravo-Hurtado
Languange : en
Publisher by : Springer Nature
Format Available : PDF, ePub, Mobi
Total Read : 92
Total Download : 279
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Description : This book discusses civil litigation at the supreme courts of nine jurisdictions – Argentina, Austria, Croatia, England and Wales, France, Germany, Italy, Spain and the United States – and focuses on the available instruments used to keep the caseload of these courts within acceptable limits. Such instruments are necessary in order to allow supreme courts to fulfil their main duties, that is, the administration of justice in individual cases (private function) and providing for the uniformity and development of the law within their respective jurisdictions (public function). If the number of cases at the supreme court level is too high, the result is undue delays, which are mainly problematic with regard to the private function. It may also put the quality of the court’s judgments under pressure, which can affect its public and private function alike. Thus, measures aimed at avoiding excessive caseloads need to take both functions into account. Increasing the capacity of the court to handle larger numbers of cases may result in the court being unable to adequately fulfil its public function, since large numbers of court decisions make it difficult to guarantee the uniformity of the law and its development. Therefore, a balanced approach is needed to safeguard capacity and quality. As shown by the contributions gathered here, the nature of reform in this area is not the same everywhere. There are a variety of reasons for this heterogeneity, ranging from different understandings of the caseload problem itself, local conceptions regarding the purpose of the Supreme Court, and strong entitlements concerning the right to appeal to budgetary restrictions and extremely rigid legislation. The book also shows that the implementation of similar solutions to case overload, such as access filters, may have different effects in different jurisdictions. The conclusion might well be that the problem of overburdened courts is multifactorial and context-dependent, and that easy, one-size-fits-all solutions are hard to find and perhaps even harder to implement.


Procedural Justice

Author by : Klaus F Röhl
Languange : en
Publisher by : Routledge
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Total Read : 54
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Description : First published in 1997, this volume explores how procedural justice, the fairness of the way decisions are reached, is an important factor in human behaviour. In this book we see the ways that it is important for the legitimacy of a political rule as well as for the acceptance of administrative decisions. The volume also deals with the interrelation between procedural and distributive justice and helps to identify criteria of procedural justice. This book provides a long-desired overview of the multidisciplinary and international discussion of procedural justice. It deals with social psychological insight and empirical studies as well as with the contributions of discourse and systems theories. The books contributors also trace the roots of the present discussion to philosophical predecessors as well as formulate consequences for politics.


The Law In Nazi Germany

Author by : Alan E. Steinweis
Languange : en
Publisher by : Berghahn Books
Format Available : PDF, ePub, Mobi
Total Read : 70
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Description : While we often tend to think of the Third Reich as a zone of lawlessness, the Nazi dictatorship and its policies of persecution rested on a legal foundation set in place and maintained by judges, lawyers, and civil servants trained in the law. This volume offers a concise and compelling account of how these intelligent and welleducated legal professionals lent their skills and knowledge to a system of oppression and domination. The chapters address why German lawyers and jurists were attracted to Nazism; how their support of the regime resulted from a combination of ideological conviction, careerist opportunism, and legalistic selfdelusion; and whether they were held accountable for their Nazi-era actions after 1945. This book also examines the experiences of Jewish lawyers who fell victim to anti-Semitic measures. The volume will appeal to scholars, students, and other readers with an interest in Nazi Germany, the Holocaust, and the history of jurisprudence.


Civil Litigation In China And Europe

Author by : C.H. (Remco) van Rhee
Languange : en
Publisher by : Springer Science & Business Media
Format Available : PDF, ePub, Mobi
Total Read : 17
Total Download : 770
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Description : 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 understood in mainland China remains different from case management and the role of the judge in Western countries, mainly as regards the limited powers of individual Chinese judges in this respect. Changes in China are justified by the ever-increasing case load of the Chinese courts and the consequent inability to deal with cases in an adequate manner, even though generally speaking Chinese courts still adjudicate civil cases within a relatively short time frame (this may, however, be problematic when viewed from the perspective of the quality of adjudication). Growing caseloads and quality concerns may also be observed in various European states and Hong Kong. In these jurisdictions the civil procedural systems have a relatively adversarial character and it is some of the adversarial features of the existing systems of procedure which are felt to be problematic. Therefore, the lawmakers have opted for increasing the powers of the judge, often making the judge and the parties mutually responsible for the proper conduct of civil cases. Starting from opposite directions, mainland China and the various European states and Hong Kong could meet half way in their reform attempts. This is, however, only possible if a proper understanding is fostered of the developments in these different parts of the World. Even though in both China and Europe the academic community and lawmakers are showing a keen interest in the relevant developments abroad, a study addressing the role of the judge and the parties in civil litigation in both China and Europe is still missing. This book aims to fill this gap in the existing literature.


Civil Affairs Guide

Author by : United States. War Department
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 72
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Failures Of American Civil Justice In International Perspective

Author by : James R. Maxeiner
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 59
Total Download : 699
File Size : 40,9 Mb
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Description : Civil justice in the United States is neither civil nor just. Instead it embodies a maxim that the American legal system is a paragon of legal process which assures its citizens a fair and equal treatment under the law. Long have critics recognized the system's failings while offering abundant criticism but few solutions. This book provides a comparative-critical introduction to civil justice systems in the United States, Germany, and Korea. It shows the shortcomings of the American system and compares them with German and Korean successes in implementing the rule of law. The author argues that these shortcomings could easily be fixed if the American legal systems were open to seeing how other legal systems' civil justice processes handle cases more efficiently and fairly. Far from being a treatise for specialists, this book is an introductory text for civil justice in the three aforementioned legal systems. It is intended to be accessible to people with a general knowledge of a modern legal system.


Eu Civil Justice

Author by : Burkhard Hess
Languange : en
Publisher by : Bloomsbury Publishing
Format Available : PDF, ePub, Mobi
Total Read : 89
Total Download : 521
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Description : This seventh volume in the Swedish Studies in European Law series brings together some of the most prominent scholars working within the fast-evolving field of EU civil justice. Civil justice has an impact on matters involving, inter alia, family relationships, consumers, entrepreneurs, employees, small and medium-sized businesses and large multinational corporations. It therefore has great power and potential. Over the past 15 years a wealth of EU measures have been enacted in this field. Issues arising from the implementation thereof and practice in relation to these measures are now emerging. Hence, this volume will explore the benefits as well as the challenges of these measures. The particular themes covered include forum shopping, alternative dispute resolution, simplified procedures and debt collection, family matters and collective redress. In addition, the deepening of the field that continues post-Lisbon has occasioned a new level of regulatory and policy challenges. These are discussed in the final part of the volume which focuses on mutual recognition also in the broader European law context of integration in the area of freedom, security and justice.


The Modern Civil Process

Author by : Neil Andrews
Languange : en
Publisher by : Mohr Siebeck
Format Available : PDF, ePub, Mobi
Total Read : 22
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Description : Examines court proceedings, as well as settlement, mediation and arbitraton.


The Reception And Transmission Of Civil Procedural Law In The Global Society

Author by : Masahisa Deguchi
Languange : en
Publisher by : Garant
Format Available : PDF, ePub, Mobi
Total Read : 80
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Description : 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.


Failures Of American Civil Justice In International Perspective

Author by : James Maxeiner
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 47
Total Download : 241
File Size : 45,7 Mb
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Description : "Civil justice in the United States is neither civil nor just. Instead it embodies a maxim that the American legal system is a paragon of legal process which assures its citizens a fair and equal treatment under the law. Long have critics recognized the system's failings while offering abundant criticism but few solutions. This book provides a comparative-critical introduction to civil justice systems in the United States, Germany, and Korea. It shows the shortcomings of the American system and compares them with German and Korean successes in implementing the rule of law. The author argues that these shortcomings could easily be fixed if the American legal systems were open to seeing how other legal systems' civil justice processes handle cases more efficiently and fairly. Far from being a treatise for specialists, this book is an introductory text for civil justice in the three aforementioned legal systems. It is intended to be accessible to people with a general knowledge of a modern legal system"--Provided by publisher.


Introduction To German Law

Author by : Joachim Zekoll
Languange : en
Publisher by : Kluwer Law International B.V.
Format Available : PDF, ePub, Mobi
Total Read : 80
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Description : It is thirteen years since the appearance of the successful second edition of this convenient English-language introduction to the law of Germany. This new edition covers all the significant changes and innovations that have occurred during that period, encompassing the pervasive impacts of European Union law and of globalization, as well as the greatly increased activity of the German legislature in every area addressed in this volume. With fifteen lucid chapters written by academic experts in their respective fields of law, as well as detailed bibliographies, this is the ideal starting point for research whenever a question of German law must be answered. The authors clearly explain the legal concepts, customs, and rules arising from such basic elements as the following: – characteristic problems of German legal unity; – principles and practices of constitutional law; – administrative law and procedure; – the German Commercial Code; – formation and conduct of corporations and partnerships; – contracts; – tort liability; – property rights; – family law; – succession and inheritance; – labor and employment; – issues of private international law; – courts and civil procedure; – the penal code and criminal procedure. Introduction to German Law, Third Edition provides an authoritative description of all issues likely to emerge in the course of normal application of German law in any context.


The Future Of Civil Litigation

Author by : Laura Ervo
Languange : en
Publisher by : Springer
Format Available : PDF, ePub, Mobi
Total Read : 21
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Description : 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 this type of mediation is contrasted with the Austrian and German approaches. In the third part, recent developments affecting access to justice in the Nordic countries are discussed. Among the topics are changes in legal aid schemes, the impact of recent civil procedure law reforms, hindrances for larger companies to use litigation as a method of dispute resolution and differences in costs and delays. Additionally, Alternative Dispute Resolution and Class or Group Actions are explored as methods to enhance access to justice. The potential adverse effects of Alternative Dispute Resolution and Group Actions are also examined, both in a Nordic and European context. In the final part, conclusions are drawn from both historical and future-oriented perspectives.


The Costs And Funding Of Civil Litigation

Author by : Christopher Hodges
Languange : en
Publisher by : Bloomsbury Publishing
Format Available : PDF, ePub, Mobi
Total Read : 47
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Description : This book contains the first major comparative study of litigation costs and methods of funding litigation in more than 30 jurisdictions. It was linked with the most comprehensive review of costs ever carried out in England and Wales by Lord Justice Jackson in 2009 and benefited from the assistance of leading practitioners around the globe. The study analyses the principles and rules that relate to paying courts, witnesses and lawyers, and the rules on cost shifting, if any. It also notes the major ways in which litigation can be funded, identifying the global trend on contraction of legal aid, the so far limited spread of contingency fees, and the growing new phenomenon of private third party litigation funding. The study also presents the results of nine case studies of typical claim types, so as to give a first overview comparison of which countries' legal systems are cheaper or more expensive. The book further contains national chapters with in depth analysis contributed by scholars in 18 jurisdictions (Australia, Belgium, Canada, China, Denmark, England & Wales, France, Germany, Japan, the Netherlands, New Zealand, Poland, Portugal, Russia, Spain, Switzerland, Taiwan and USA) and a further chapter on Latin American jurisdictions. 'Dr Hodges, Professor Vogenauer and Dr Tulibacka have conducted an excellent and thorough comparative study of litigation costs and funding across a wide range of jurisdictions ('the Oxford study'). The Oxford study is important, because it provides both context and background for any critical examination of our own costs and funding rules... I commend this book both for its breadth and detail and also for its percipient commentary. This work will make a valuable contribution to the debate which lies ahead about how the costs and funding rules of England and Wales should be reformed in order to promote access to justice.' From the Foreword by Lord Justice Jackson, Royal Courts of Justice, 16th July 2010


Chinese Civil Justice Past And Present

Author by : Philip C. Huang
Languange : en
Publisher by : Rowman & Littlefield
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Description : The culmination of twenty years of research, this essential book completes distinguished historian Philip C. C. Huang's pathbreaking trilogy on Chinese law and society from late imperial times to the present. The author argues that, despite formal adherence to Western law and legal theory, traditional Chinese judicial practices continue to flourish. Huang draws on a rich array of court records and field interviews to illustrate the surprising strength of traditional Chinese civil justice, as can be seen in societal and cadres mediation, and in court actions with respect to property rights, inheritance and old-age maintenance, and debts. Maoist justice too remains influential, especially its divorce and court mediation practices. Finally, despite the recent massive adoption of Western laws, legal reasoning employed in judicial practice has shown stunning continuity, with major implications for China's future.


Transformation Of Civil Justice

Author by : Alan Uzelac
Languange : en
Publisher by : Springer
Format Available : PDF, ePub, Mobi
Total Read : 35
Total Download : 175
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Description : 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.


Civil Justice In China

Author by : Philip C. C. Huang
Languange : en
Publisher by : Stanford University Press
Format Available : PDF, ePub, Mobi
Total Read : 70
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Description : To what extent do newly available case records bear out our conventional assumptions about the Qing legal system? Is it true, for example, that Qing courts rarely handled civil lawsuits--those concerned with disputes over land, debt, marriage, and inheritance--as official Qing representations led us to believe? Is it true that decent people did not use the courts? And is it true that magistrates generally relied more on moral predilections than on codified law in dealing with cases? Based in large part on records of 628 civil dispute cases from three counties from the 1760’s to the 1900’s, this book reexamines those widely accepted Qing representations in the light of actual practice. The Qing state would have had us believe that civil disputes were so "minor” or "trivial” that they were left largely to local residents themselves to resolve. However, case records show that such disputes actually made up a major part of the caseloads of local courts. The Qing state held that lawsuits were the result of actions of immoral men, but ethnographic information and case records reveal that when community/kin mediation failed, many common peasants resorted to the courts to assert and protect their legitimate claims. The Qing state would have had us believe that local magistrates, when they did deal with civil disputes, did so as mediators rather than judges. Actual records reveal that magistrates almost never engaged in mediation but generally adjudicated according to stipulations in the Qing code.


European Traditions In Civil Procedure

Author by : C. H. van Rhee
Languange : en
Publisher by : Intersentia nv
Format Available : PDF, ePub, Mobi
Total Read : 49
Total Download : 931
File Size : 42,9 Mb
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Description : "[Explores] 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 ... 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 ... is supplemented by three chapters devoted to specific procedural topics: conciliation, party interrogation as evidence, and the role of the judge"--P. [4] of cover.


The Case For An International Court Of Civil Justice

Author by : Maya Steinitz
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 17
Total Download : 204
File Size : 43,5 Mb
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Description : When multinational corporations cause mass harms to lives, livelihoods, and the environment in developing countries, it is nearly impossible for victims to find a court that can and will issue an enforceable judgment. In this work, Professor Maya Steinitz presents a detailed rationale for the creation of an International Court of Civil Justice (ICCJ) to hear such transnational mass tort cases. The world's legal systems were not designed to solve these kinds of complex transnational disputes, and the absence of mechanisms to ensure coordination means that victims try, but fail, to find justice in country after country, court after court. The Case for an International Court of Civil Justice explains how an ICCJ would provide victims with access to justice and corporate defendants with a non-corrupt forum and an end to the cost and uncertainty of unending litigation - more efficiently resolving the most complicated types of civil litigation.


The Three Paths Of Justice

Author by : Neil Andrews
Languange : en
Publisher by : Springer Science & Business Media
Format Available : PDF, ePub, Mobi
Total Read : 29
Total Download : 495
File Size : 47,9 Mb
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Description : This book presents a concise account of the English system of civil litigation, covering court proceedings in England and Wales. It is an original and important study of a system which is the historical root of the US litigation system. The volume offers a comprehensive and properly balanced account of the entire range of dispute resolution techniques. As the first book on this subject to be published in the USA, it enables American lawyers to gain an overview of the main institutions of English Civil Procedure, including mediation and arbitration. It will render the English system of civil justice accessible to law students in the US, practitioners of law, professors, judges, and policy-makers.