Alan Uzelac – författare
1 275 kr
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1 343 kr
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1 343 kr
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764 kr
Kommande
1 499 kr
Kommande
Truth and Efficiency in Civil Litigation
Fundamental Aspects of Fact-Finding and Evidence-Taking in a Comparative Context
1 081 kr
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Evidence in Contemporary Civil Procedure
Fundamental Issues in a Comparative Perspective
1 067 kr
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Revisiting Procedural Human Rights
Fundamentals of Civil Procedure and the Changing Face of Civil Justice
941 kr
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Transformation of Civil Justice
Unity and Diversity
1 152 kr
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1 600 kr
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1 679 kr
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Not so long ago, class actions were considered to be a textbook example of American exceptionalism; many of their main features were assumed to be incompatible with the culture of the civil law world. However, the tide is changing; while there are now trends in the USA toward limiting or excluding class actions, notorious cases like Dieselgate are moving more and more European jurisdictions to extend the reach of their judicial collective redress mechanisms. For many new fans of class actions, collective redress has become a Holy Grail of sorts, a miraculous tool that will rejuvenate national systems of civil justice and grant them unprecedented power.
Still, while the introduction of various forms of representative action has virtually become a fashion, it is anything but certain that attempting to transplant American-style class action will be successful. European judicial structures and legal culture(s) are fundamentally different, which poses a considerable challenge.
This book investigates whether class actions in Europe are indeed a Holy Grail or just another wrong turn in the continuing pursuit of just and effective means of protecting the rights of citizens and businesses. It presents both positive and critical perspectives, supplemented by case studies on the latest collectivization trends in Europe’s national civil justice systems. The book also shares the experiences of some non-European jurisdictions that have developed promising hybrid forms of collective redress, such as Canada, Brazil, China, and South Africa. In closing, a selection of topical international cases that raise interesting issues regarding the effectiveness of class actions in an international context are studied and discussed.
1 401 kr
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Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems
1 003 kr
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1 257 kr
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This book is a collection of papers that address a fundamental question: What is the role of civil justice and civil procedure in the various national traditions in the contemporary world? The book presents striking differences among a range of countries and legal traditions, but also points to common trends and open issues. It brings together prominent experts, professionals and scholars from both civil and common law jurisdictions. It represents all main legal traditions ranging from Europe (Germanic and Romanic countries, Scandinavia, ex-Socialist countries) and Russia to the Americas (North and South) and China (Mainland and Hong Kong). While addressing the main issue – the goals of civil justice – the book discusses the most topical concerns regarding the functioning and efficiency of national systems of civil justice. These include concerns such as finding the appropriate balance between accurate fact-finding and the right to a fair trial within a reasonable time, the processing of hard cases and the function of civil justice as a specific public service. In the mosaic of contrasts and oppositions special place is devoted to the continuing battle between the individualistic/liberal approach and the collectivist/paternalistic approach – the battle in which, seemingly, paternalistic tendencies regain momentum in a number of contemporary justice systems.
Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems
1 003 kr
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Transformation of Civil Justice
Unity and Diversity
1 600 kr
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1 398 kr
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660 kr
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Access to Justice and the Judiciary
Towards New European Standards of Affordability, Quality and Efficiency of Civil Adjudication
583 kr
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Enforcement and Enforceability
Tradition and Reform
753 kr
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