Michael A. Livingston, Pier Giuseppe Monateri, and Francesco Parisi
Mauro Capelletti, John Henry Meryman, and Joseph M. Perillo (eds)
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780804774956
- eISBN:
- 9780804796552
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804774956.003.0004
- Subject:
- Law, Comparative Law
This chapter provides an overview of civil procedure, including historical background; constitutional norms; investigation and discovery; appeals and judgments; and trends in procedural scholarship. ...
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This chapter provides an overview of civil procedure, including historical background; constitutional norms; investigation and discovery; appeals and judgments; and trends in procedural scholarship. There are also briefer discussions of the laws of evidence and of criminal and administrative procedures. The differences between Italian and American procedural norms, which flow from the civil–common law distinction but are augmented by various historical differences, are a major theme of this chapter.Less
This chapter provides an overview of civil procedure, including historical background; constitutional norms; investigation and discovery; appeals and judgments; and trends in procedural scholarship. There are also briefer discussions of the laws of evidence and of criminal and administrative procedures. The differences between Italian and American procedural norms, which flow from the civil–common law distinction but are augmented by various historical differences, are a major theme of this chapter.
Hiroshi Oda
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199232185
- eISBN:
- 9780191705335
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199232185.003.0018
- Subject:
- Law, Comparative Law
This chapter discusses civil procedure in Japan. Topics covered include the Code of Civil Procedure, jurisdiction; capacity to be a party, standing, and the interest to initiate an action; ...
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This chapter discusses civil procedure in Japan. Topics covered include the Code of Civil Procedure, jurisdiction; capacity to be a party, standing, and the interest to initiate an action; preliminary procedure; oral proceedings, appeals, enforcement of judgements; and small claims procedure.Less
This chapter discusses civil procedure in Japan. Topics covered include the Code of Civil Procedure, jurisdiction; capacity to be a party, standing, and the interest to initiate an action; preliminary procedure; oral proceedings, appeals, enforcement of judgements; and small claims procedure.
Michael A. Livingston, Pier Giuseppe Montaneri, and Francesco Parisi
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780804774956
- eISBN:
- 9780804796552
- Item type:
- book
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804774956.001.0001
- Subject:
- Law, Comparative Law
This is the second edition of Cappelletti, Merryman, and Perillo, The Italian Legal System: An Introduction, published by SUP in 1965. The book provides not merely an overview of Italian law but also ...
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This is the second edition of Cappelletti, Merryman, and Perillo, The Italian Legal System: An Introduction, published by SUP in 1965. The book provides not merely an overview of Italian law but also a definition of the field, together with an important contribution to the general literature on comparative law. It accomplishes this by describing an "Italian style" in doctrine, law, and interpretation—typical of the civil law but with several uniquely Italian elements—together with an extremely well-written introduction to Italian legal history, government, the legal profession, and civil procedure and evidence.Less
This is the second edition of Cappelletti, Merryman, and Perillo, The Italian Legal System: An Introduction, published by SUP in 1965. The book provides not merely an overview of Italian law but also a definition of the field, together with an important contribution to the general literature on comparative law. It accomplishes this by describing an "Italian style" in doctrine, law, and interpretation—typical of the civil law but with several uniquely Italian elements—together with an extremely well-written introduction to Italian legal history, government, the legal profession, and civil procedure and evidence.
Ignacio Díes-Picazo Giménez
- Published in print:
- 1999
- Published Online:
- March 2012
- ISBN:
- 9780198298335
- eISBN:
- 9780191685415
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198298335.003.0012
- Subject:
- Law, Legal Profession and Ethics
This chapter begins with a description of the characteristics of Spanish civil procedure. It then discusses the Spanish hierarchy of the courts, sources of civil procedural law, the basic Spanish ...
More
This chapter begins with a description of the characteristics of Spanish civil procedure. It then discusses the Spanish hierarchy of the courts, sources of civil procedural law, the basic Spanish procedure, the Spanish legal profession, appeal procedure, the nature of civil litigation in Spain, principal problems of civil justice, legal aid, and alternative modes of dispute resolution, and the Civil Procedure Bill (1997).Less
This chapter begins with a description of the characteristics of Spanish civil procedure. It then discusses the Spanish hierarchy of the courts, sources of civil procedural law, the basic Spanish procedure, the Spanish legal profession, appeal procedure, the nature of civil litigation in Spain, principal problems of civil justice, legal aid, and alternative modes of dispute resolution, and the Civil Procedure Bill (1997).
Maria Manuel Leitãao Marques, Conceição Gomes, and João Pedroso
- Published in print:
- 1999
- Published Online:
- March 2012
- ISBN:
- 9780198298335
- eISBN:
- 9780191685415
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198298335.003.0013
- Subject:
- Law, Legal Profession and Ethics
This chapter begins with a description of the Portuguese system of civil procedure. It then discusses the problems of civil justice, reforms in the civil jurisdiction, and alternative modes of ...
More
This chapter begins with a description of the Portuguese system of civil procedure. It then discusses the problems of civil justice, reforms in the civil jurisdiction, and alternative modes of dispute resolution.Less
This chapter begins with a description of the Portuguese system of civil procedure. It then discusses the problems of civil justice, reforms in the civil jurisdiction, and alternative modes of dispute resolution.
Magdalena Tulibacka
- Published in print:
- 2009
- Published Online:
- March 2012
- ISBN:
- 9780199576883
- eISBN:
- 9780191702228
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199576883.003.0021
- Subject:
- Law, Constitutional and Administrative Law
This chapter focuses on the transformations in civil procedure rules and litigation practice of post-socialist states of central and eastern Europe, observed mainly through the example of Poland. ...
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This chapter focuses on the transformations in civil procedure rules and litigation practice of post-socialist states of central and eastern Europe, observed mainly through the example of Poland. They are presented from the perspective of the ethos of the Woolf Reforms. It also demonstrates the importance of legal culture and litigation practice for the implementation of these changes. Particular emphasis is placed on the role of the judiciary in civil litigation: it has been revolutionized by the Woolf Reforms and it has undergone transition in post-socialist states.Less
This chapter focuses on the transformations in civil procedure rules and litigation practice of post-socialist states of central and eastern Europe, observed mainly through the example of Poland. They are presented from the perspective of the ethos of the Woolf Reforms. It also demonstrates the importance of legal culture and litigation practice for the implementation of these changes. Particular emphasis is placed on the role of the judiciary in civil litigation: it has been revolutionized by the Woolf Reforms and it has undergone transition in post-socialist states.
Giesela Rühl
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199795208
- eISBN:
- 9780199919307
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199795208.003.0035
- Subject:
- Law, Public International Law
The number and diversity of the recently enacted laws have resulted in confusion about the state of German civil procedure today. This chapter gives an overview of the most important changes. It ...
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The number and diversity of the recently enacted laws have resulted in confusion about the state of German civil procedure today. This chapter gives an overview of the most important changes. It focuses on reform that has changed the system of German civil justice in a more fundamental and far-reaching way: The Law on the Reform of Civil Procedure of July 27, 2001. In doing so, it accounts for the changes that have been made to the Code of Civil Procedure more recently through the Law on the Modernization of Justice of July 1, 2004, and the Law on the Remedies for Violations of the Right to be Heard of 2004 of December 9, 2004.Less
The number and diversity of the recently enacted laws have resulted in confusion about the state of German civil procedure today. This chapter gives an overview of the most important changes. It focuses on reform that has changed the system of German civil justice in a more fundamental and far-reaching way: The Law on the Reform of Civil Procedure of July 27, 2001. In doing so, it accounts for the changes that have been made to the Code of Civil Procedure more recently through the Law on the Modernization of Justice of July 1, 2004, and the Law on the Remedies for Violations of the Right to be Heard of 2004 of December 9, 2004.
Paul Michalik
- Published in print:
- 1999
- Published Online:
- March 2012
- ISBN:
- 9780198298335
- eISBN:
- 9780191685415
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198298335.003.0004
- Subject:
- Law, Legal Profession and Ethics
This chapter describes the existing system of civil procedure in England and Wales, and identifies the changing procedural principles that have underpinned English procedure over the past century. It ...
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This chapter describes the existing system of civil procedure in England and Wales, and identifies the changing procedural principles that have underpinned English procedure over the past century. It discusses the key problems associated with cost and delay, drawing on available statistical information. Finally, it describes the proposed reforms, and considers the extent to which these reforms are likely to reduce the problems associated with cost, delay, and complexity.Less
This chapter describes the existing system of civil procedure in England and Wales, and identifies the changing procedural principles that have underpinned English procedure over the past century. It discusses the key problems associated with cost and delay, drawing on available statistical information. Finally, it describes the proposed reforms, and considers the extent to which these reforms are likely to reduce the problems associated with cost, delay, and complexity.
Simon Whittaker
- Published in print:
- 2008
- Published Online:
- March 2012
- ISBN:
- 9780199541393
- eISBN:
- 9780191701221
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199541393.003.0005
- Subject:
- Law, Comparative Law
This discussion of legal procedure is divided into three parts: civil procedure, administrative procedure, and criminal procedure. The first part discusses the striking features of the French system, ...
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This discussion of legal procedure is divided into three parts: civil procedure, administrative procedure, and criminal procedure. The first part discusses the striking features of the French system, the proceedings in the Tribunal de Grande Instance, means of overturning a judgment, costs and legal aid, and the enforcement of judgments. The second part examines the access to the administrative courts, forms of redress, and proceedings in an administrative court. The last part looks at crime investigation, the decision to prosecute, the trial process, and post-trial issues.Less
This discussion of legal procedure is divided into three parts: civil procedure, administrative procedure, and criminal procedure. The first part discusses the striking features of the French system, the proceedings in the Tribunal de Grande Instance, means of overturning a judgment, costs and legal aid, and the enforcement of judgments. The second part examines the access to the administrative courts, forms of redress, and proceedings in an administrative court. The last part looks at crime investigation, the decision to prosecute, the trial process, and post-trial issues.
Eva Storskrubb
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199533176
- eISBN:
- 9780191714504
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199533176.003.0001
- Subject:
- Law, EU Law
This chapter provides the backdrop to the subject matter by extrapolating intersections between procedural and European law. In addition, the generic approach to uncovering the policy area of ...
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This chapter provides the backdrop to the subject matter by extrapolating intersections between procedural and European law. In addition, the generic approach to uncovering the policy area of judicial cooperation in civil matters and the aim of conducting a contextual evaluation is presented. The delimitation of the practical scope of the book is introduced as covering the generic international civil procedure measures within the policy area, thereby excluding insolvency law, family law, and conflict of law regulation. Finally, the characteristics and remit of the novel concept of judicial cooperation in civil matters are discussed.Less
This chapter provides the backdrop to the subject matter by extrapolating intersections between procedural and European law. In addition, the generic approach to uncovering the policy area of judicial cooperation in civil matters and the aim of conducting a contextual evaluation is presented. The delimitation of the practical scope of the book is introduced as covering the generic international civil procedure measures within the policy area, thereby excluding insolvency law, family law, and conflict of law regulation. Finally, the characteristics and remit of the novel concept of judicial cooperation in civil matters are discussed.
Carla Crifò
- Published in print:
- 2009
- Published Online:
- March 2012
- ISBN:
- 9780199576883
- eISBN:
- 9780191702228
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199576883.003.0019
- Subject:
- Law, Constitutional and Administrative Law
In the last ten years, there have been two major developments with regards to the rules of court in civil matters. One has been the creation and consolidation of the Civil Procedure Rules (CPR) upon ...
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In the last ten years, there have been two major developments with regards to the rules of court in civil matters. One has been the creation and consolidation of the Civil Procedure Rules (CPR) upon the suggestions, reports, and reforms based on Lord Woolf's findings. The other development has been the creation of a whole new legislative power with the attendant ‘policy agenda’ for the European institutions to issue Community wide rules of civil procedure, some directly and immediately applicable in all Member States. This chapter addresses questions concerned with the relationship between these two developments: whether they apply on the same level or on entirely different levels; if on the same level, whether they are complementary or antagonistic; whether the objectives driving one are compatible with the objectives driving the other; and if so, to what extent.Less
In the last ten years, there have been two major developments with regards to the rules of court in civil matters. One has been the creation and consolidation of the Civil Procedure Rules (CPR) upon the suggestions, reports, and reforms based on Lord Woolf's findings. The other development has been the creation of a whole new legislative power with the attendant ‘policy agenda’ for the European institutions to issue Community wide rules of civil procedure, some directly and immediately applicable in all Member States. This chapter addresses questions concerned with the relationship between these two developments: whether they apply on the same level or on entirely different levels; if on the same level, whether they are complementary or antagonistic; whether the objectives driving one are compatible with the objectives driving the other; and if so, to what extent.
Déirdre Dwyer
- Published in print:
- 2009
- Published Online:
- March 2012
- ISBN:
- 9780199576883
- eISBN:
- 9780191702228
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199576883.003.0001
- Subject:
- Law, Constitutional and Administrative Law
The Civil Procedure Rules (CPR), which unified the rules of civil procedure in the High Court and county courts for the first time, took effect in April 1999. Based on the findings of Lord Woolf's ...
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The Civil Procedure Rules (CPR), which unified the rules of civil procedure in the High Court and county courts for the first time, took effect in April 1999. Based on the findings of Lord Woolf's Access to Justice inquiry, the CPR represented the single greatest change to the rules of civil procedure in England and Wales since the introduction of the Rules of the Supreme Court in 1883. This chapter discusses the broader historical, procedural, and policy contexts within which we might understand the CPR as being ‘a new procedural code’. It also discusses case management, costs and funding, civil evidence, and alternative dispute resolution. It also considers both the influence of the CPR on procedural reform in Europe, and the effects of EC.Less
The Civil Procedure Rules (CPR), which unified the rules of civil procedure in the High Court and county courts for the first time, took effect in April 1999. Based on the findings of Lord Woolf's Access to Justice inquiry, the CPR represented the single greatest change to the rules of civil procedure in England and Wales since the introduction of the Rules of the Supreme Court in 1883. This chapter discusses the broader historical, procedural, and policy contexts within which we might understand the CPR as being ‘a new procedural code’. It also discusses case management, costs and funding, civil evidence, and alternative dispute resolution. It also considers both the influence of the CPR on procedural reform in Europe, and the effects of EC.
Neil Andrews
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199661770
- eISBN:
- 9780191778612
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199661770.003.0022
- Subject:
- Law, Law of Obligations, Company and Commercial Law
This chapter first discusses the Civil Procedure Rules 1998 (CPR) and the sources of English civil procedure. It then covers the stages in the course of a civil action; commencement of proceedings; ...
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This chapter first discusses the Civil Procedure Rules 1998 (CPR) and the sources of English civil procedure. It then covers the stages in the course of a civil action; commencement of proceedings; accelerated and interim relief; case management; disclosure; legal advice and litigation privileges; experts; settlement and mediation; trial, evidence, and appeal; costs; res judicata and the principle of finality; enforcement; and proceedings under the Arbitration Act 1996.Less
This chapter first discusses the Civil Procedure Rules 1998 (CPR) and the sources of English civil procedure. It then covers the stages in the course of a civil action; commencement of proceedings; accelerated and interim relief; case management; disclosure; legal advice and litigation privileges; experts; settlement and mediation; trial, evidence, and appeal; costs; res judicata and the principle of finality; enforcement; and proceedings under the Arbitration Act 1996.
Daan Asser
- Published in print:
- 2009
- Published Online:
- March 2012
- ISBN:
- 9780199576883
- eISBN:
- 9780191702228
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199576883.003.0020
- Subject:
- Law, Constitutional and Administrative Law
Although the Civil Procedure Rules (CPR) have not notably influenced the development of Dutch civil procedural law during the past decade prior to this book's publication, they have played a role in ...
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Although the Civil Procedure Rules (CPR) have not notably influenced the development of Dutch civil procedural law during the past decade prior to this book's publication, they have played a role in the discussion about the fundamentals of civil procedure that has taken place in the Netherlands country since 2002, the year in which its Code of Civil Procedure underwent a substantial update. This chapter discusses the influences of CPR on civil procedure and evidence reform in the Netherlands, such as the overriding objective of procedural justice, the duty of the parties to help the court to further that objective, case management by the court to the same end, the idea of ‘cards on the table’, expediency and proportionality, the responsibility of the parties to cooperate and aim at a settlement, and alternative ways of dispute resolution.Less
Although the Civil Procedure Rules (CPR) have not notably influenced the development of Dutch civil procedural law during the past decade prior to this book's publication, they have played a role in the discussion about the fundamentals of civil procedure that has taken place in the Netherlands country since 2002, the year in which its Code of Civil Procedure underwent a substantial update. This chapter discusses the influences of CPR on civil procedure and evidence reform in the Netherlands, such as the overriding objective of procedural justice, the duty of the parties to help the court to further that objective, case management by the court to the same end, the idea of ‘cards on the table’, expediency and proportionality, the responsibility of the parties to cooperate and aim at a settlement, and alternative ways of dispute resolution.
Rainer Kulms
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199653485
- eISBN:
- 9780191758270
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199653485.003.0025
- Subject:
- Law, Comparative Law, Private International Law
In the United States, federal and state laws on mediation consist of a complex body of statutes, codes of civil procedure, local rules of court and common law rules of contract. Current practice ...
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In the United States, federal and state laws on mediation consist of a complex body of statutes, codes of civil procedure, local rules of court and common law rules of contract. Current practice strikes a balance between self-determination and court-ordered dispute settlement. As legalism crept in, California, Florida, Ohio (and, to a lesser extent, Texas) took the lead in regulating the relationship between mediation and the regular trial, incentives to mediate, confidentiality, enforcement of settlements and professional standards for mediators. This study reviews the substantive laws in leading US jurisdictions (including cost issues) and addresses specific mediation proceedings for bankruptcy and foreclosure, as well as in family, labour, criminal and administrative law. After four decades of alternative dispute resolution, the climate for mediation is changing again. Dispute resolution is shifting from the authoritative trial to alternative dispute settlement. Procedural justice has to compensate for abandoning the proverbial day in court.Less
In the United States, federal and state laws on mediation consist of a complex body of statutes, codes of civil procedure, local rules of court and common law rules of contract. Current practice strikes a balance between self-determination and court-ordered dispute settlement. As legalism crept in, California, Florida, Ohio (and, to a lesser extent, Texas) took the lead in regulating the relationship between mediation and the regular trial, incentives to mediate, confidentiality, enforcement of settlements and professional standards for mediators. This study reviews the substantive laws in leading US jurisdictions (including cost issues) and addresses specific mediation proceedings for bankruptcy and foreclosure, as well as in family, labour, criminal and administrative law. After four decades of alternative dispute resolution, the climate for mediation is changing again. Dispute resolution is shifting from the authoritative trial to alternative dispute settlement. Procedural justice has to compensate for abandoning the proverbial day in court.
Daniel Jutras
- Published in print:
- 2013
- Published Online:
- October 2013
- ISBN:
- 9780300175219
- eISBN:
- 9780300195071
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300175219.003.0007
- Subject:
- Political Science, American Politics
This chapter compares the civil procedure law in the United States with Canada, a country that closely resembles the United States. It reviews the similarities and differences between the two and ...
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This chapter compares the civil procedure law in the United States with Canada, a country that closely resembles the United States. It reviews the similarities and differences between the two and notes that some of the reforms in Canada can be possible cures for what is termed the “American Illness”.Less
This chapter compares the civil procedure law in the United States with Canada, a country that closely resembles the United States. It reviews the similarities and differences between the two and notes that some of the reforms in Canada can be possible cures for what is termed the “American Illness”.
Ross Cranston
- Published in print:
- 1993
- Published Online:
- March 2012
- ISBN:
- 9780199292073
- eISBN:
- 9780191700699
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199292073.003.0005
- Subject:
- Law, Legal Profession and Ethics
This chapter describes the implications of the Lord Woolf reforms for settlements, a less adversarial culture and the cost of litigation. In ...
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This chapter describes the implications of the Lord Woolf reforms for settlements, a less adversarial culture and the cost of litigation. In particular, it draws on the social research to explore civil procedure in England and Wales, mainly the big bang brought about by the Woolf reforms. In addition to what has been described as managerial judging or court control, some other broad themes of the procedural change such as facilitating settlement are described, dealing with cases proportionately and encouraging alternative dispute resolution. It starts by outlining the procedural changes themselves. The movement for greater court control runs in parallel with that to facilitate more settlements. It is proposed that one must know more of the operation of the civil justice system in England and Wales if he/she will pursue avenues for its future operation which accord with existing principles and achieve values such as equality before the law and more effective access to justice.Less
This chapter describes the implications of the Lord Woolf reforms for settlements, a less adversarial culture and the cost of litigation. In particular, it draws on the social research to explore civil procedure in England and Wales, mainly the big bang brought about by the Woolf reforms. In addition to what has been described as managerial judging or court control, some other broad themes of the procedural change such as facilitating settlement are described, dealing with cases proportionately and encouraging alternative dispute resolution. It starts by outlining the procedural changes themselves. The movement for greater court control runs in parallel with that to facilitate more settlements. It is proposed that one must know more of the operation of the civil justice system in England and Wales if he/she will pursue avenues for its future operation which accord with existing principles and achieve values such as equality before the law and more effective access to justice.
Loïc Cadiet
- Published in print:
- 1999
- Published Online:
- March 2012
- ISBN:
- 9780198298335
- eISBN:
- 9780191685415
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198298335.003.0009
- Subject:
- Law, Legal Profession and Ethics
For many years, French justice, like all other systems, has faced the dramatic consequences of the exploding volume of litigation. The long delays and high costs which this explosion causes are, to a ...
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For many years, French justice, like all other systems, has faced the dramatic consequences of the exploding volume of litigation. The long delays and high costs which this explosion causes are, to a certain extent, the counterpart of democratized access to law and justice. Although several reforms have been initiated, one should not forget that the current difficulties originate largely from the fact that the resources of the justice system have not risen proportionately to the sharp increase in the volume of litigation with which courts have been faced. The solution to the crisis is essentially financial. This chapter begins with a description of the French system of civil procedure. It then presents an outline for procedure. This is followed by discussions of the main problems encountered in the administration of civil justice, historical perspective of reform, alternative modes of dispute resolution, and the present state of affairs.Less
For many years, French justice, like all other systems, has faced the dramatic consequences of the exploding volume of litigation. The long delays and high costs which this explosion causes are, to a certain extent, the counterpart of democratized access to law and justice. Although several reforms have been initiated, one should not forget that the current difficulties originate largely from the fact that the resources of the justice system have not risen proportionately to the sharp increase in the volume of litigation with which courts have been faced. The solution to the crisis is essentially financial. This chapter begins with a description of the French system of civil procedure. It then presents an outline for procedure. This is followed by discussions of the main problems encountered in the administration of civil justice, historical perspective of reform, alternative modes of dispute resolution, and the present state of affairs.
Stephen Zamora, José RamlóN CossíO, Lenone Pereznieto, José Roldá n-Xopa, and David Lopez
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780199288489
- eISBN:
- 9780191700514
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199288489.003.0010
- Subject:
- Law, Constitutional and Administrative Law
The law of civil procedure in Mexico governs the process by which Mexican courts and related institutions resolve disputes arising out of matters governed by the civil codes. This chapter outlines ...
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The law of civil procedure in Mexico governs the process by which Mexican courts and related institutions resolve disputes arising out of matters governed by the civil codes. This chapter outlines the similarities and differences of judicial procedure between common law and civil law. It also describes the most important procedural code, the 1932 Code of Civil Procedure for the Federal District (CPCDF), which is applied by the local territorial courts of the Federal District. The CPCDF was heavily influenced by Spanish law, and has served as a model for the majority of state civil procedural codes.Less
The law of civil procedure in Mexico governs the process by which Mexican courts and related institutions resolve disputes arising out of matters governed by the civil codes. This chapter outlines the similarities and differences of judicial procedure between common law and civil law. It also describes the most important procedural code, the 1932 Code of Civil Procedure for the Federal District (CPCDF), which is applied by the local territorial courts of the Federal District. The CPCDF was heavily influenced by Spanish law, and has served as a model for the majority of state civil procedural codes.
Jens M. Scherpe and Bevan Marten
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199653485
- eISBN:
- 9780191758270
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199653485.003.0006
- Subject:
- Law, Comparative Law, Private International Law
This chapter examines the law and practice of mediation in England and Wales. Key issues include the promotion of mediation in civil cases through the Civil Procedure Rules (CPR), using pre-action ...
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This chapter examines the law and practice of mediation in England and Wales. Key issues include the promotion of mediation in civil cases through the Civil Procedure Rules (CPR), using pre-action protocols and the rules on costs in particular, as well as the interaction between mediation and the common law rules of confidentiality and privilege. England has taken a very light-handed approach to the regulation of mediation, with few rules in place outside of the legal aid scheme's funding code, and those required by the Mediation Directive (which has been implemented only in relation to cross-border mediations). Accordingly, a number of private organisations have been developing the jurisdiction's mediation profession and infrastructure (with the support of the judiciary) since the 1990s, but almost all matters of practice and procedure are left to the parties' discretion. A number of empirical studies are commented on, particularly in the context of family mediation and small claims mediation.Less
This chapter examines the law and practice of mediation in England and Wales. Key issues include the promotion of mediation in civil cases through the Civil Procedure Rules (CPR), using pre-action protocols and the rules on costs in particular, as well as the interaction between mediation and the common law rules of confidentiality and privilege. England has taken a very light-handed approach to the regulation of mediation, with few rules in place outside of the legal aid scheme's funding code, and those required by the Mediation Directive (which has been implemented only in relation to cross-border mediations). Accordingly, a number of private organisations have been developing the jurisdiction's mediation profession and infrastructure (with the support of the judiciary) since the 1990s, but almost all matters of practice and procedure are left to the parties' discretion. A number of empirical studies are commented on, particularly in the context of family mediation and small claims mediation.
