1,721,032 research outputs found
Civil litigation in a globalising world: an introduction
No full textGlobalisation of legal matters 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 jeopardise access to justice. As a result, the debate on the need for the harmonisation of civil procedure becomes ever more prominent. In recent years, this debate has gained in importance because of new legislative and practical developments both at the European and the global level. These developments require further study, amongst other things the bringing about of the ALI/UNIDROIT Principles of Transnational Civil Procedure and some recent European Regulations introducing harmonised procedures, as well as problems encountered in the modernisation of national civil procedure and in attempts for further harmonisation. This book discusses the globalisation and harmonisation of civil procedure from various angles, including fundamental (international) principles of civil justice, legal history, Law and Economics and (European) policy. Attention is also paid to the interaction with private international law and private law (Part I: Different perspectives on globalisation and harmonisation). European and global projects that aim at the harmonisation of civil procedure or provide guidelines for the fair and efficient adjudication of justice are discussed in a subsequent part of the book (Part II: Harmonisation in a European and global context). The volume further includes contributions that focus on globalisation and harmonisation of civil procedure from the viewpoint of various national jurisdictions (Part III: National approaches to globalisation and harmonisation)
Civil litigation in a globalising world
Full text linkGlobalisation of legal matters 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 jeopardize access to justice. As a result, the debate on the need for the harmonisation of civil procedure becomes ever more prominent. In recent years, this debate has gained in importance because of new legislative and practical developments both at the European and the global level. These developments require further study, amongst other things the bringing about of the ALI/UNIDROIT Principles of Transnational Civil Procedure and some recent European Regulations introducing harmonised procedures, as well as problems encountered in the modernization of national civil procedure and in attempts for further harmonisation. This book discusses the globalisation and harmonisation of civil procedure from various angles, including fundamental (international) principles of civil justice, legal history, Law and Economics and (European) policy. Attention is also paid to the interaction with private international law and private law (Part I: Different perspectives on globalisation and harmonisation). European and global projects that aim at the harmonisation of civil procedure or provide guidelines for the fair and efficient adjudication of justice are discussed in a subsequent part of the book (Part II: Harmonisation in a European and global context). The volume further includes contributions that focus on globalisation and harmonisation of civil procedure from the viewpoint of various national jurisdictions (Part III: National approaches to globalisation and harmonisation)
Incorporating European Uniform Procedures into the National Procedural Systems and Practice: Best Practices a Solution for Harmonious Application
No full textHarmonisation of Civil Procedure and the Interaction with Private International Law
No full textTraditionally, private international law and civil procedural law are separate disciplines. Even today, many proceduralists seem not to be fully acquainted with the area of private international law, while many private international law experts lack thorough knowledge of (harmonised) civil procedure. However, modern private international law is closely interwoven with civil procedure. Firstly, harmonisation of private international law may be viewed as a preliminary stage in the harmonisation of civil procedure. Secondly, and in connection with the previous point, harmonisation of private international law rules may result in a spontaneous approximation of civil procedure. Thirdly, the harmonisation of private international law rules and civil procedure are dependent upon each other and go hand in hand. Particularly in the EU, there seems to be a gradual shift from harmonising private international law to harmonising civil procedure, by means of establishing minimum standards of civil procedure and introducing uniform European procedures. The lessons learnt from the more advanced harmonisation of private international law could benefit the process of approximation of civil procedure. As long as true common standards of civil procedure are not established, private international law rules will remain to be the primary object of harmonisation
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