European Traditions in Civil ProcedureC. H. van Rhee 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. |
Contents
The 1895 Austrian Code of Civil Procedure | 11 |
A Wijffels | 25 |
Cadiet | 49 |
Genesis | 50 |
Ordinary Procedure and Particular Procedures | 62 |
A W Jongbloed | 69 |
The Acceleration of the Procedure from 2002 | 82 |
Towards a Fundamental Review within European Union Boundaries | 90 |
A Wijffels | 197 |
R Verkijk | 207 |
P Van Orshoven | 213 |
Dispute Settlement by the Court | 219 |
Industrial Conciliation | 225 |
A Wijffels | 235 |
R Verkerk | 245 |
Summary and Conclusion | 251 |
P Van Orshoven | 97 |
P Oberhammer and T Domej | 103 |
Austria | 118 |
Switzerland | 124 |
PreNineteenthCentury Court Organisation | 131 |
NineteenthCentury Reforms before the Judicature Acts 18731875 | 142 |
The 1883 Rules of Court until 1949 | 152 |
N Andrews | 161 |
Lord Woolfs Access to Justice Reports | 166 |
Conclusion | 180 |
Common terms and phrases
according action allowed Amendment appeal applied Article attempt Austrian authors basis changes Civil Procedure claim Code of Civil Commission Committee Common Law conciliation considered costs course court decide decision defendant direct discussion documents draft Dutch edition England English especially established European evidence example facts final French further German give given hearing History important influence initiative instance interrogation introduced issue judge judgment Judicature judicial jurisdiction Justice legislation litigation London Lord matters means mediation nineteenth century oath Oberhammer opinion oral original paragraph Paris particular parties Peace pleading position possible powers practice preliminary conciliation present principle procédure civile proceedings question reasons Recht referred reform regards regulations remained respect result Rights role rules settlement situation stage statements successful supra note Supreme Court tradition trial Volume witnesses writ written Zivilprozessordnung