Results 291 to 300 of about 2,675,281 (341)
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Analyse Comparative / Comparative Perspectives
International Journal of Procedural Law, 2020This article describes and analyses the collective redress mechanisms system introduced in Hungary by the new Hungarian Code of Civil Procedure in 2018. Before this reform the regulation of multi-party litigation was typically sectoral and limited to a certain narrow area.
Elisabetta Silvestri, Dmitry Tumanov
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Analyse Comparative / Comparative Perspectives
International Journal of Procedural Law, 2017Over the years, a number of regulations have been adopted at EU level in an attempt to facilitate and simplify access to justice in cross-border litigation. Despite the various actions undertaken by the European legislator to establish a uniform procedural framework with regard to certain types of cross-border claims, numerous differences continue to ...
Marco Velicogna +2 more
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International Journal of Procedural Law, 2018The ECOWAS Court was established by the Revised ECOWAS Treaty. By virtue of that Treaty, the Court has assumed a position on the international plane and has delivered a number of judgments on human rights. However, most of these judgments have not been enforced by the Member States. This article therefore examines the enforceability of the judgments of
Teresa Arruda Alvim, Bruno Dantas
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Analyse Comparative / Comparative Perspectives
International Journal of Procedural Law, 2019This article analyses the reforms undergone by the German system to give an effective response to the massive litigation derived from the so-called “Dieselgate” and, in a special way, the system of the new Musterfeststellungsklage.
Radosław Flejszar +2 more
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Analyse Comparative / Comparative Perspectives
International Journal of Procedural Law, 2013This article concerns the processes available in English and Welsh civil procedure through which evidence is obtained prior to trial. It provides an account of both the compulsory and voluntary pre-issue processes for exchange of documentary evidence between parties to putative litigation.
Shunichiro Nakano, Chin-Yen Wang
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Analyse Comparative / Comparative Perspectives
International Journal of Procedural Law, 2023The legislation of civil procedure in China has been deeply influenced by the civil law system represented by Germany. However, China has quite a different attitude towards the application of information technology in civil justice, which is typically reflected in the adoption of remote civil courts.
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Analyse Comparative / Comparative Perspectives
International Journal of Procedural Law, 2022The public policy defence in Greece is widely considered as the last resort for the judgment debtor. It is hardly ever the case that an appeal against the judgment granting recognition and/or exequatur omits a reference to the public policy defence. The prospects of success are nevertheless minimal.
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Analyse Comparative / Comparative Perspectives
International Journal of Procedural Law, 2016The 2009 Chinese Tort Liability Law introduced a specific chapter dedicated to the civil liability occurring in cases of environmental pollution. One of the main novelties of this law is represented by Article 66, which provides the fundamental rule on the reverse burden of proof of causation, according to which the polluter shall assume the burden of ...
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Analyse Comparative / Comparative Perspectives
International Journal of Procedural Law, 2011The collection of empirical data on the functioning of national judicial systems is becoming ever more important for comparative civil procedure scholarship. Sources of information on the structural components of European judiciaries were rather limited until the establishment of the CEPEJ (European Commission for the Efficiency of Justice).
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Analyse Comparative / Comparative Perspectives
International Journal of Procedural Law, 2012Proportionality in private law is subject to changing and contextual interpretations. It is enshrined in procedural laws around the world, implicitly or expressly, as a principle or policy. It has become a fundamental principle of civil procedure around the world. Accordingly, it is critical to law reform discussions here and elsewhere. In this article,
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