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Civil Procedure in Argentina


ISBN13: 9789403539522
Published: December 2021
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Paperback
Price: £67.00



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Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the legislation and rules that determine civil procedure and practice in Argentina. Lawyers who handle transnational matters will appreciate the book’s clear explanation of distinct terminology and application of rules.

The structure follows the classical chapters of a handbook on civil procedure: beginning with the judicial organization of the courts, jurisdiction issues, a discussion of the various actions and claims, and then moving to a review of the proceedings as such. These general chapters are followed by a discussion of the incidents during proceedings, the legal aid and legal costs, and the regulation of evidence. There are chapters on seizure for security and enforcement of judgments, and a final section on alternative dispute resolution. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance.

Succinct, scholarly, and practical, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Argentina will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of civil procedure in the international context.

Subjects:
Other Jurisdictions , Latin America
Contents:
List of Abbreviations
General Introduction
Part I. Organization of the Judiciary
Chapter 1. The Judiciary
Chapter 2. Lawyers
Part II. Jurisdiction
Chapter 1. Jurisdiction and Venue
Chapter 2. International Jurisdiction
Part III. Actions and Claims
Chapter 1. Actions
Chapter 2. Claims and Defences
Chapter 3. Sanctions on Procedural Irregularities
Part IV. Proceedings
Chapter 1. Proceedings in First Instance
Chapter 2. Review Proceedings
Part V. Incidental Proceedings
Chapter 1. General Incidents
Chapter 2. Incidental Procedures Governed by Specific Regulations
Chapter 3. Other Issues Regarding the Conclusion of the Proceedings
Part VI. Legal Assistance and Costs
Chapter 1. General
Chapter 2. Costs
Chapter 3. Benefit of Litigating Without Expenses and Related Figures
Part VII. Evidence
Chapter 1. Burden of Proof
Chapter 2. Offer and Admissibility of Evidence
Chapter 3. Incorporation of Evidence
Part VIII. Particular Proceedings
Chapter 1. General Background
Chapter 2. Processes to Determine Fitness for Trial
Chapter 3. Maintenance and Expensae Litis
Chapter 4. Accountability for Commercial Transactions
Chapter 5. Measurement and Demarcation
Chapter 6. Division of Ownership
Chapter 7. Injunctions and Possessory Action
Chapter 8. Eviction
Chapter 9. Other Special Proceedings
Part IX. Enforcement of Judgments
Chapter 1. Enforcement of Judgments at National Level
Chapter 2. Recognition and Enforcement of Foreign Judgments
Chapter 3. Documentary Proceedings
Chapter 4. Judicial Sale of Assets
Part X. Arbitration
Chapter 1. General
Chapter 2. Arbitration Award and Autonomy of the Parties
Chapter 3. Composition and Performance of Arbitrators and Amiable Compositeurs
Chapter 4. Provisional Measures and Preliminary Awards
Chapter 5. Development of Arbitration Procedures
Chapter 6. Arbitration Award
Chapter 7. Appeal Against the Arbitration Award
Chapter 8. Recognition and Enforcement of Awards
Chapter 9. Arbitration Expertise
Part XI. Mediation
Chapter 1. General Considerations and Legislation
Chapter 2. Rights Subject to Mediation
Chapter 3. Mandatory Nature of Mediation System
Chapter 4. People and Institutions That May Act as Mediators
Chapter 5. Mediation Procedure
Chapter 6. Mediation Agreement
Chapter 7. Endorsement and Enforceability of the Agreement
Selected Bibliography

Index