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ELI – Unidroit Model European Rules of Civil Procedure (eBook)

Edited by: European Law Institute and UNIDROIT

ISBN13: 9780192636393

Published: August 2021

Publisher: Oxford University Press

Country of Publication: UK

Format: eBook (ePub)

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9780198866589

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This volume was developed as part of a cooperative project of the European Law Institute (ELI) and the International Institute for the Unification of Private Law (UNIDROIT), dealing with civil procedure law. The long-term project began in February 2014 and ended in February 2020 concluding in an ELI-UNIDROIT Instrument. This volume consists of the ELI-UNIDROIT Instrument on the European Rules of Civil Procedure, which features Rules and accompanying comments. It takes into account the diverse traditions in Europe concerning civil procedure law and aims to find a common thread in them. Therefore, it not only considers the similarities but also the differences in order to gain a solution that does not favour one legal system but combines aspects of all legal systems.

Subjects:: EU Law, eBooks

Contents:: Introduction; I.:PROJECT HISTORY; II.:ARCHITECTURE AND DEVELOPMENT OF THE PROJECT; III.:PROJECT METHODOLOGY; IV.:MODEL RULES RATHER THAN A COMPLETE CODE; V.:COHERENCE AND CONSISTENCY OF TERMINOLOGY; VI:GENERAL REMARKS ON THE SCOPE OF THE MODEL EUROPEAN RULES OF CIVIL PROCEDURE; VII:THE ACQUIS COMMUNAUTAIRE AND THE RULES; VIII.:MODERN COMMUNICATION AND RECORDING, ARTIFICIAL INTELLIGENCE AND THE RULES; MODEL EUROPEAN RULES OF CIVIL PROCEDURE; PART I - GENERAL PROVISIONS; SECTION 1 - Scope; SECTION 2 - Principles; A. Co-operation; B. Proportionality; C. Settlement; D. Right to be heard; E. Representation and assistance; F. Oral, written and public Proceedings; G. Languages, interpretation and translation; SECTION 3 - Proceedings; A. Commencement, termination, Concentration and scope; B. Facts, evidence and applicable law; C. Sanctions for non-compliance and relief from sanctions; PART II - PARTIES; SECTION 1 - General Part; SECTION 2 - Special Part; A. Multiple Parties; B. Substitution and Succession of Parties; SECTION 3 - Cross border issues; PART III - CASE MANAGEMENT; PART IV - COMMENCEMENT OF PROCEEDINGS; SECTION 1 - Pre-commencement procedural duties; SECTION 2 - Commencement and pleadings; A. Statement of claim; B. Joint application for party agreed proceedings; PART V -PROCEEDINGS PREPARATORY TO A FINAL HEARING; PART VI - SERVICE AND DUE NOTICE OF PROCEEDINGS; SECTION 1 - General part - Service, Due Notice and the Right; to be Heard; SECTION 2 - Responsibility for and methods of service; A. General Provisions; B. Methods of Service; SECTION 3 - Cross border issues; A. In the European Union; B. Outside the European Union; PART VII - ACCESS TO INFORMATION AND EVIDENCE; SECTION 1 - General part; A. General Provisions on Evidence; B. Management of Evidence; C. Presentation and Evaluation of Evidence; SECTION 2 - Access to evidence orders; SECTION 3 - Types of evidence; A. Documents; B. Testimonial Evidence; C. Examination of Parties; D. Expert Evidence; E. Judicial Inspection; SECTION 4 - Cross-border issues; A. In the European Union; B. Outside the European Union; PART VIII - JUDGMENT, RES JUDICATA AND LIS PENDENS; SECTION 1 - General Part; SECTION 2 - Special Part; A. Default Judgment; B. Judicial Settlements; SECTION 3 - Effects of Pendency and Judgments; A. Lis pendens and related actions; B. Res judicata; PART IX - MEANS OF REVIEW; SECTION1- General Part; SECTION 2 - Appeals; SECTION 3 - First Appeals; SECTION 4 - Second Appeals; SECTION 5 -Review of procedural error and miscellaneous appeals; SECTION 6 - Extraordinary Recourse; PART X - PROVISIONAL AND PROTECTIVE MEASURES; SECTION 1 - General part; SECTION 2 - Special part; A. Asset Preservation; B. Regulatory Measures; C. Evidence Preservation; D. Interim Payment; SECTION 3 - Cross border issues; PART XI - COLLECTIVE PROCEEDINGS; SECTION 1 -Collective Interest Injunctions; SECTION 2 - Collective Proceedings; A. General Part; B. Admissibility of Collective Proceedings; C. Case Management of Collective Proceedings; D. Settlements in Commenced Collective Proceedings; E. Judgments in Collective Proceedings; F. Collective Settlements outside Collective Proceedings; SECTION 3 - Cross Border Issues; Within the European Union; SECTION 4 - Costs, Expenses and Funding; PART XII - COSTS