THEORY AND HISTORY OF SOVIET CIVIL PROCEDURE

2019 ◽  
Vol 9 (4) ◽  
pp. 124-137
Author(s):  
A.Ya. KODINTSEV
Keyword(s):  
Civil Procedure ◽  
History Of

Summary Procedures in Israel and Abroad

1967 ◽  
Vol 2 (2) ◽  
pp. 210-231 ◽  
Author(s):  
Ernst Livneh
Keyword(s):  
Supreme Court ◽  
Civil Procedure ◽  
European Institutions ◽  
The Supreme Court ◽  
Lower Courts ◽  
History Of ◽  
New Israel ◽  
Rules Of The Game ◽  
Summary Procedure

The new Israel Civil Procedure Rules, 1963 re-enact in rr. 269–82, with certain amendments, rr. 241–50 of the Palestinian Civil Procedure Rules, 1938 dealing with “Summary Procedure on Specially Endorsed Statement of Claim”, which in their turn were a colonial version of Order XIV of the English Rules of the Supreme Court. A glance at some recent judgments in Israel shows a surprising number of cases in which doubts have arisen as to the application and scope of the Summary Procedure in general and the defendant's right to be heard in particular. One may wonder whether litigants and lower courts quite understand the rules of the game or whether the game is after all not as easy as might be expected of a summary procedure. And indeed, compared with institutions in continental Europe, where scores of thousands of claims are disposed of without discussion and complaint, our Summary Procedure seems inelegant and burdensome on plaintiff and defendant alike. It is the object of this study to compare it, and the procedure under the English Order XIV, with those European institutions. In view of the gap between Anglo-Israel and Continental notions of civil procedure it may be useful also to sketch the history of the various forms of action, viz. the (summary) trial by documents, the non-litigious executory instruments and the conditional command to pay.

A History of Continental Civil Procedure

1928 ◽  
Vol 37 (5) ◽  
pp. 680
Author(s):  
Charles E. Clark ◽  
Arthur Engelmann ◽  
Robert Wyness Millar
Keyword(s):  
Civil Procedure ◽  
History Of

Civil litigation in twentieth century Europe

2007 ◽  
Vol 75 (3) ◽  
pp. 307-319 ◽  
Author(s):  
C. H. van Rhee
Keyword(s):  
Twentieth Century ◽  
Case Management ◽  
Present Article ◽  
Civil Procedure ◽  
Civil Litigation ◽  
New Era ◽  
Starting Point ◽  
History Of ◽  
The Many ◽  
Twentieth Century Europe

AbstractThe present article adresses one of the many topics on which Raoul van Caenegem has focused during his long career: the history of civil procedure. It concentrates on the twentieth century and offers a comparative perspective. The year 1898, in which the influential Austrian Zivilprozessordnung (öZPO) of the 1st of August 1895 took effect, forms the starting point of the article. This Code inaugurated a new era in civil procedure since it introduced a judge with extensive case management powers. The final part of the article discusses the English Civil Procedure Rules, which came into force in 1999. In 1999, even the English judge, who until that time had acted as a mere 'umpire', acquired extensive case management powers. Case management by the judge is now a common European phenomenon.

15. The civil process

2020 ◽  
pp. 554-604
Author(s):  
Steve Wilson ◽  
Helen Rutherford ◽  
Tony Storey ◽  
Natalie Wortley ◽  
Birju Kotecha
Keyword(s):  
Case Management ◽  
Civil Procedure ◽  
Civil Litigation ◽  
General Introduction ◽  
Basic Principles ◽  
High Court ◽  
Civil Process ◽  
Civil Court ◽  
History Of ◽  
Civil Courts

This chapter is a general introduction to civil litigation and the civil courts. It describes the process by which a civil claim is dealt with in the County Court or in the High Court. It provides an overview of the major case management powers possessed by the civil courts and discusses how these powers must be exercised to further the overriding objective of the Civil Procedure Rules 1998 (as amended) to deal with matters justly and at proportionate cost. A brief history of the development of the civil court rules is included and the Woolf and Jackson Reports are discussed. Some of the basic principles of civil evidence are discusses and the methods of enforcement of civil judgments are set out.

1 The History of Arbitration in Russia

2020 ◽  
Author(s):  
Oda Hiroshi
Keyword(s):  
Seventeenth Century ◽  
Free Will ◽  
Civil Law ◽  
Civil Procedure ◽  
The Other ◽  
Judicial Reform ◽  
Commercial Arbitration ◽  
Bolshevik Revolution ◽  
History Of

This introductory chapter provides a background to arbitration in Russia. The history of arbitration in Russia can be traced back to the seventeenth century. In 1831, the Statute on Arbitration was enacted. In this Statute, there were two different systems of arbitration: statutory arbitration and voluntary arbitration. Statutory arbitration was not based upon the parties’ free will. This was a system in which parties were mandated to choose arbitration because of the overloaded court docket. Voluntary arbitration, on the other hand, was based upon the agreement of the parties. Statutory arbitration was abolished by the Great Judicial Reform of 1864 and only voluntary arbitration remained in the Rules of Civil Procedure. However, after the Bolshevik Revolution, all laws of the Tsarist regime, including the Rules on the Civil Procedure, were abolished. Nevertheless, the decree on the court No. 1 of 1917 accommodated arbitration as a means of settling civil law disputes. There was no commercial arbitration under socialism, except for two institutions attached to All-Union Chamber of Commerce and Industry. The chapter then looks at arbitration after the collapse of socialism. After decades of confusion, as an outcome of the 2015 Arbitral Reform, relevant laws were substantially amended and a licensing system was introduced for arbitral institutions.

A History of Continental Civil Procedure

1928 ◽  
Vol 76 (6) ◽  
pp. 762
Author(s):  
William H. Lloyd ◽  
Arthur Engleman ◽  
Robert Wyness Millar
Keyword(s):  
Civil Procedure ◽  
History Of
Sign in / Sign up

Export Citation Format

Share Document