Transformation of Civil Justice : Unity and Diversity / edited by Alan Uzelac, Cornelis Hendrik (Remco) van Rhee.
2018
Formats
| Format | |
|---|---|
| BibTeX | |
| MARCXML | |
| TextMARC | |
| MARC | |
| DublinCore | |
| EndNote | |
| NLM | |
| RefWorks | |
| RIS |
Items
Details
Title
Transformation of Civil Justice : Unity and Diversity / edited by Alan Uzelac, Cornelis Hendrik (Remco) van Rhee.
Added Corporate Author
Edition
1st ed. 2018.
Imprint
Cham : Springer International Publishing : Imprint: Springer, 2018.
Description
XII, 420 p. 11 illus., 10 illus. in color. online resource.
Series
Ius Gentium: Comparative Perspectives on Law and Justice, 2214-9902 ; 70.
Formatted Contents Note
Chapter 1. The Metamorphoses of Civil Justice and Civil Procedure: The Challenges of New Paradigms - Unity and Diversity
Part I: Impact of Regional and Global Developments: Cooperation, Borrowing, Transplants ...
Chapter 2. Enforcement by Means of Periodic Penalties (Astreinte) in Slovenia: A Transplant Gone Wild
Chapter 3. Norwegian Civil Procedure under the Influence of EU Law
Chapter 4. Judicial Cooperation of the EU in Civil Matters in Its Relations with non-EU States - A Blind Spot?
Chapter 5. Civil Litigation in Tribunals in South Africa: Creating a Unified Tribunal System
Part II: Unity and Diversity: Civil Justice Between Modernization and Dejudicialization
Chapter 6. Informatization of the Civil Justice System in Poland: An Overview of Recent Changes
Chapter 7. Between Reform and Dejudicialization: Current Trends in Spanish Civil Litigation
Chapter 8. The Disappearing Trial: Retrenchment of Litigation in North America
Chapter 9. Private Justice in the Domain of Family Law: The Place of Family Group Conferences within the Range of ADR Methods
Chapter 10. Reassessing the Essential Role of Public Courts: Learning from the American Experience
Part III: Global Trends: From Individual to Collective Justice
Chapter 11. Human Rights Class Actions
Chapter 12. A New Model of Civil Litigation in Slovenia: Is the Slovenian Judiciary Prepared for the Challenges Presented by the New Law on Collective Actions?
Chapter 13. A Glance at the Brazilian Collective Redress System
Chapter 14. 'Shadow of the Law' or 'Shadow of the Settlement': Experiences with the Dutch Act on Collective Settlement of Mass Damage (WCAM)
Part IV: Access to Justice and Fair Trial Rights
Chapter 15. Transformation of the Croatian Legal Aid System: From Normative to Functional Insufficiency
Chapter 16. The Transformation of Consumer Law in Times of Crisis: The Ex Officio Control of Unfair Contract Terms
Chapter 17. Safeguarding the Right to an Impartial Tribunal by Means of Challenging the Judge
Part V: Transforming the Apex of the Court Pyramid: The Changing Function of the Highest Courts
Chapter 18. Roots of the Resistance to the Change in the Supreme Court's Role
Chapter 19. Transformation of the Cassation Model in France, the Netherlands and Belgium: Piercing the Legalistic Veil
Part VI: Historical Transformations
Chapter 20. Does the New Always Prevail? Parallel Modes of Procedure in the History of Procedural Transformations
Chapter 21. Historical Uniformity and Diversity of Notaries in the Shadow of their Modern Transformation.
Part I: Impact of Regional and Global Developments: Cooperation, Borrowing, Transplants ...
Chapter 2. Enforcement by Means of Periodic Penalties (Astreinte) in Slovenia: A Transplant Gone Wild
Chapter 3. Norwegian Civil Procedure under the Influence of EU Law
Chapter 4. Judicial Cooperation of the EU in Civil Matters in Its Relations with non-EU States - A Blind Spot?
Chapter 5. Civil Litigation in Tribunals in South Africa: Creating a Unified Tribunal System
Part II: Unity and Diversity: Civil Justice Between Modernization and Dejudicialization
Chapter 6. Informatization of the Civil Justice System in Poland: An Overview of Recent Changes
Chapter 7. Between Reform and Dejudicialization: Current Trends in Spanish Civil Litigation
Chapter 8. The Disappearing Trial: Retrenchment of Litigation in North America
Chapter 9. Private Justice in the Domain of Family Law: The Place of Family Group Conferences within the Range of ADR Methods
Chapter 10. Reassessing the Essential Role of Public Courts: Learning from the American Experience
Part III: Global Trends: From Individual to Collective Justice
Chapter 11. Human Rights Class Actions
Chapter 12. A New Model of Civil Litigation in Slovenia: Is the Slovenian Judiciary Prepared for the Challenges Presented by the New Law on Collective Actions?
Chapter 13. A Glance at the Brazilian Collective Redress System
Chapter 14. 'Shadow of the Law' or 'Shadow of the Settlement': Experiences with the Dutch Act on Collective Settlement of Mass Damage (WCAM)
Part IV: Access to Justice and Fair Trial Rights
Chapter 15. Transformation of the Croatian Legal Aid System: From Normative to Functional Insufficiency
Chapter 16. The Transformation of Consumer Law in Times of Crisis: The Ex Officio Control of Unfair Contract Terms
Chapter 17. Safeguarding the Right to an Impartial Tribunal by Means of Challenging the Judge
Part V: Transforming the Apex of the Court Pyramid: The Changing Function of the Highest Courts
Chapter 18. Roots of the Resistance to the Change in the Supreme Court's Role
Chapter 19. Transformation of the Cassation Model in France, the Netherlands and Belgium: Piercing the Legalistic Veil
Part VI: Historical Transformations
Chapter 20. Does the New Always Prevail? Parallel Modes of Procedure in the History of Procedural Transformations
Chapter 21. Historical Uniformity and Diversity of Notaries in the Shadow of their Modern Transformation.
Summary
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.
Location
www
In
Springer Nature eBook
Available in Other Form
Printed edition:
Printed edition:
Printed edition:
Printed edition:
Printed edition:
Linked Resources
Alternate Title
SpringerLink electronic monographs.
Language
English
ISBN
9783319973586
Record Appears in