Approaches to procedural law : the pluralism of methods / Loïc Cadiet, Burkhard Hess, Marta Requejo Isidro (eds.)
2017
K2100.A6 A67 2017 (Mapit)
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Details
Title
Approaches to procedural law : the pluralism of methods / Loïc Cadiet, Burkhard Hess, Marta Requejo Isidro (eds.)
Edition
1st edition.
Imprint
Baden-Baden, Germany : Nomos, 2017.
Description
552 pages ; 23 cm.
Series
Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law ; v. 9.
Formatted Contents Note
Foreword
Inaugural lecture
Comparative perspectives in procedural law : some remarks and proposals / Fernando Gascón Inchausti
Comparative law : a plurality of methods / Margaret Woo
Mauro Cappelletti's methodology in comparative civil justice and the coercive power of courts as a case study / Carlo Vittorio Giabardo
Beware of legal families : the example of the effects of res judicata toward third parties / Valentin Rétornaz
Statistical methods in comparative civil procedure : chances and risks / Christoph A. Kern
The changing role of courts between the privitization of adjudication and the privitization of procedure / Juliana Pondé Fonseca
The Italian assisted negotiation for legal separation and divorce / Luisa Enna
The impact of the EU financial crisis in the Europeanization of the Greek civil procedural law : a multi-methodological insight to the new Greek civil procedure code (2015), its scope and innovative provisions / Anastasia L. Papadopoulou
Supreme courts : "filters" and the case selection : Argentina's writ of certiorari in a comparative perspective / Leandro J. Giannini
The court of the European Economic Union : basic and some controversial questions about jurisdiction and procedure / Yuliya Barel
The Court of Justice of the European Union as an institutional model for the African Court of Justice and Human Rights / Antal Berkes
When titans clash : setting standards for child abduction by CJEU and the ECtHR / Michele Angelo Lupoi
Collective due process of law : reconciling representation and participation / Edilson Vitorelli
Access to justice of disadvantaged groups and judicial control of pulic policies through class actions in Argentina / Francisco Verbic
Financial consumer redress by ADR and ODR : new European approaches / Ana Isabel Blanco García
Eduardo J. Couture : footmarks that help in understanding the present / Eduardo Oteiza
The theory and practice of precedent in Convention on Contracts for the International Sale of Goods / Beata Fröhlich
When forward-looking aspect of precedent justifies immediate formally binding decisions / Eduardo de Avelar Lamy
Some remarks about collective procedural law and the new Brazilian civil procedural code / Aluisio Gonc̜alves de Castro Mendes
Judicial review of administrative decisions in domestic courts : union law requirements on the locus standi of individuals / Hilde K. Ellingsen
Procedural law and global governance : exploring and mapping a new research field / Remo Caponi.
Inaugural lecture
Comparative perspectives in procedural law : some remarks and proposals / Fernando Gascón Inchausti
Comparative law : a plurality of methods / Margaret Woo
Mauro Cappelletti's methodology in comparative civil justice and the coercive power of courts as a case study / Carlo Vittorio Giabardo
Beware of legal families : the example of the effects of res judicata toward third parties / Valentin Rétornaz
Statistical methods in comparative civil procedure : chances and risks / Christoph A. Kern
The changing role of courts between the privitization of adjudication and the privitization of procedure / Juliana Pondé Fonseca
The Italian assisted negotiation for legal separation and divorce / Luisa Enna
The impact of the EU financial crisis in the Europeanization of the Greek civil procedural law : a multi-methodological insight to the new Greek civil procedure code (2015), its scope and innovative provisions / Anastasia L. Papadopoulou
Supreme courts : "filters" and the case selection : Argentina's writ of certiorari in a comparative perspective / Leandro J. Giannini
The court of the European Economic Union : basic and some controversial questions about jurisdiction and procedure / Yuliya Barel
The Court of Justice of the European Union as an institutional model for the African Court of Justice and Human Rights / Antal Berkes
When titans clash : setting standards for child abduction by CJEU and the ECtHR / Michele Angelo Lupoi
Collective due process of law : reconciling representation and participation / Edilson Vitorelli
Access to justice of disadvantaged groups and judicial control of pulic policies through class actions in Argentina / Francisco Verbic
Financial consumer redress by ADR and ODR : new European approaches / Ana Isabel Blanco García
Eduardo J. Couture : footmarks that help in understanding the present / Eduardo Oteiza
The theory and practice of precedent in Convention on Contracts for the International Sale of Goods / Beata Fröhlich
When forward-looking aspect of precedent justifies immediate formally binding decisions / Eduardo de Avelar Lamy
Some remarks about collective procedural law and the new Brazilian civil procedural code / Aluisio Gonc̜alves de Castro Mendes
Judicial review of administrative decisions in domestic courts : union law requirements on the locus standi of individuals / Hilde K. Ellingsen
Procedural law and global governance : exploring and mapping a new research field / Remo Caponi.
Summary
"Procedural law is no longer a purely domestic topic. The recent tendencies characterizing the field, such as Europeanization and harmonization, mark the evolution towards a new, cross-border dimension of this area of law. In addition, the growing importance of transnational legal relations in all spheres of civil and commercial dealings make it unavoidable to face the new challenges of procedural law across national borders. The traditional methods of national dogmatics, which have for a long time guided the reflections of scholars operating in the field of civil procedure, are not necessarily able to capture the increased complexity of the present. In light of this, it is particularly important to reflect on the methods (comparison, inter-disciplinary approaches and quantitative and qualitative empirical analysis, among other) which should be adopted in order to guarantee that research in the field of procedural law maintains its comprehensive ex-planatory power."-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Call Number
K2100.A6 A67 2017
Language
English
ISBN
9783848743094
3848743094
3848743094
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