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Transformation of Civil Justice

Unity and Diversity

  • Book
  • © 2018

Overview

Editors:
  1. Alan Uzelac

    1. Faculty of Law, University of Zagreb, Zagreb, Croatia

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  2. Cornelis Hendrik (Remco) van Rhee

    1. Faculty of Law, Maastricht University, Maastricht, The Netherlands

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  • Presents an innovative approach to comparative civil procedure
  • Offers an extensive analysis of the convergence of civil justice systems
  • Provides a comprehensive overview of the problems of contemporary civil justice systems

Part of the book series: Ius Gentium: Comparative Perspectives on Law and Justice (IUSGENT, volume 70)

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Table of contents (21 chapters)

  1. Front Matter

    Pages i-xii
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  2. Introduction

    1. Front Matter

      Pages 1-1
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    2. The Metamorphoses of Civil Justice and Civil Procedure: The Challenges of New Paradigms—Unity and Diversity

      • Alan Uzelac, Cornelis Hendrik (Remco) van Rhee
      Pages 3-21

  3. Impact of Regional and Global Developments: Cooperation, Borrowing, Transplants

    1. Front Matter

      Pages 23-23
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    2. Enforcement by Means of Periodic Penalties (Astreinte) in Slovenia: A Transplant Gone Wild

      • Aleš Galič
      Pages 25-39

    3. Norwegian Civil Procedure Under the Influence of EU Law

      • Halvard Haukeland Fredriksen, Magne Strandberg
      Pages 41-62

    4. Judicial Cooperation of the EU in Civil Matters in Its Relations with Non-EU States—A Blind Spot?

      • Matthias Weller
      Pages 63-80

    5. Civil Litigation in Tribunals in South Africa: Creating a Unified Tribunal System

      • Rashri Baboolal-Frank
      Pages 81-96

  6. Access to Justice and Fair Trial Rights

    1. Front Matter

      Pages 265-265
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Keywords

About this book

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.

Editors and Affiliations

  • Faculty of Law, University of Zagreb, Zagreb, Croatia

    Alan Uzelac

  • Faculty of Law, Maastricht University, Maastricht, The Netherlands

    Cornelis Hendrik (Remco) van Rhee

About the editors

Professor Dr. Alan Uzelac is the Chair (Head) of the Department for Civil Procedure at the Zagreb University Faculty of Law, where he teaches Civil Procedure, Arbitration, ADR, Judiciary, Evidence and Protection of Human Rights in Europe. In addition to his academic activities and numerous publications, Professor Uzelac has been an active member of various international bodies, inter alia as a founding member of the European Commission for the Efficiency of Justice (CEPEJ). 
Professor Dr. C.H. (Remco) van Rhee is professor of Comparative Civil Procedure and European Legal History at Maastricht University (the Netherlands). His areas of expertise include both civil procedure and the history of courts and court organisation. 

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