Das Gebot der zivilprozessualen Waffengleichheit

2021 ◽  
Author(s):  
Kilian Friedrich
Keyword(s):  
Broad Spectrum ◽  
Common Sense ◽  
German Law ◽  
General Definition ◽  
Opposing Party ◽  
Civil Proceedings ◽  
Scope Of Application ◽  
Civil Proceeding

In German law, the concept of ‘equality of arms’ in civil proceedings is widely accepted. Yet, its scope of application is still vague and in need of further clarification. While the basic idea that both parties to a civil proceeding should be able to fight each other with equal means and that every party should have the opportunity to present their case to the court in circumstances which do not place them at a substantial disadvantage vis-à-vis the opposing party seems to be common sense, the general definition offers a broad spectrum of possible interpretations with regard to various details. The paper discusses the meaning of the equality of arms principle in Germany.

scholarly journals INTERNATIONAL EXPERIENCE OF THEORETICAL AND PRACTICAL ASPECTS OF GROUP LAWSUITS

2020 ◽  
Vol 6 (42) ◽  
pp. 85
Author(s):  
T. Oldak
Keyword(s):  
International Experience ◽  
Class Action ◽  
Procedural Law ◽  
Class Actions ◽  
Opt Out ◽  
Civil Proceedings ◽  
Legitimate Interests ◽  
Scope Of Application ◽  
General Scientific ◽  
Large Groups

The article is devoted to the study of international experience of theoretical and practical aspects of proceedings in class actions. This study will present various models of regulation in this area of the Anglo-Saxon and mixed legal families. By analyzing this legal basis, the practice of application will be possible to establish the essence of the class action in civil proceedings by disclosing the main features that are inherent in it and are such that distinguish it from other procedural structures aimed at protecting violated rights and legitimate interests as effective judicial mechanism.The subject of the study is issues related to one of the jurisdictional ways to protect the rights and legitimate interests of large groups of people. The purpose of this work is to publish the results of the study, which was conducted as part of a dissertation study on "Group lawsuit in civil proceedings in Ukraine." During the study, a general scientific dialectical method of use was used, which allowed to comprehensively study the main provisions of class action in foreign procedural law and the possibility of its development in the legislation of Ukraine, and provided an opportunity to reveal the nature of class actions in civil proceedings. stages. The scope of application of the results of the development of the theoretical basis in the field of mechanisms for the protection of the rights and legitimate interests of large groups of persons in order to introduce the appropriate procedure in the civil procedure legislation of Ukraine.Key words: civil proceedings, group lawsuit, initiating plaintiff, numerous groups, litigation proceedings, model "opt-in", "opt-out".

scholarly journals UDZIAŁ OSÓB NIEUPRAWNIONYCH W WYDANIU ORZECZENIA W POSTĘPOWANIU CYWILNYM - UWAGI NA TLE D.1,14,3 I D.41,3,44 PR.

2017 ◽  
Vol 6 (2) ◽  
pp. 97
Author(s):  
Bartosz Szolc-Nartowski
Keyword(s):  
Common Sense ◽  
Public Interest ◽  
Civil Procedure ◽  
The Other ◽  
Roman Law ◽  
Private Law ◽  
The Public ◽  
Civil Proceedings ◽  
Bona Fide ◽  
Polish Law

Participation of Unauthorised Persons in Issuance of Decisions in Civil Proceedings - Remarks on the Basis D. 1,14,3 and D. 41,3,44 pr.SummaryAccording to Polish civil procedure a sentence given by an unauthorized person is invalid. This was not always the case in ancien Roman law. Ulpianus declared that when a slave, who escaped from his master, became a praetor, his acts were valid. He took into consideration serious problems of those who had put their trust in the praetor’s office as well as the respect for humanitas. A basic common sense requires that what was well decided, should be considered valid. According to the author, Ulpianus realized that the rule of ius civile which determined the requirements for entering in a praetor’s duties had the character of a guarantee. If the purpose, for which this rule was established, was achieved, such acts should be accepted as valid.The question arises whether that approach could be applied to contemporary cases of iudex incompetens. Furthermore, whether it would be justifiable to extend this solution to other - not only procedural – but also material, guarantee rules?The answer is not easy. In D. 41,3,44 pr., a pater familias conducted the procedure of adrogation (adoption) improperly. Papinianus decided that, although pater familias made a justifiable mistake, all that the son enacted in the name of the father, was invalid. Nevertheless a different rule, as the jurist says in D. 41,3,44 pr., must be observed in the case of homo liber bona fide serviens - a person, who being unaware of his free man status, served as a slave. Actions taken by such a person were valid (the purchaser of a slave had to be protected), since transactions of that kind happened very often. More importantly, any other solution would be against the public interest. O n the other hand, it was very rare for a pater familias to wrongly adrogate, therefore the example of pater familias did not create a general rule.It seems quite difficult to indicate one principle which could be applied to all the guarantee rules. As far as the case of an unauthorized person giving sentence is concerned, the Roman private law shows that the regard for the public interest may sometimes justify solutions different from those preferred by Polish law.

scholarly journals PROCEDURAL POSITION OF THE EXPERT IN CRIMINAL AND CIVIL PROCEEDINGS

2019 ◽  
Vol 5 (1) ◽  
pp. 42-46
Author(s):  
I. V. Buromskiy ◽  
Yu. V. Ermakova ◽  
E. S. Sidorenko
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Civil Law ◽  
Medical Examination ◽  
Federal Law ◽  
Procedure Code ◽  
Civil Proceedings ◽  
Civil Proceeding ◽  
The Russian Federation ◽  
Forensic Expert

The article presents a comparative analysis of the procedural position of the expert in criminal and civil proceeding. There are considered main differences and similarities of the rights, duties and responsibilities of the expert which regulated by the Criminal Procedure Code of the Russian Federation, the Civil Law Code of the Russian Federation, the Federal Law «About state forensic expert activity in the Russian Federation», the Order of organization and production of forensic medical examination in the state forensic expert institutions of the Russian Federation.

scholarly journals Novelization of Civil Procedural Legislation of Ukraine in Cassation Review: Panacea or Illusion?

2020 ◽  
pp. 209-225
Keyword(s):  
Legal Regulation ◽  
Court Decision ◽  
Appellate Court ◽  
Court Decisions ◽  
Civil Proceedings ◽  
Civil Proceeding ◽  
The Right ◽  
Positive Step ◽  
Excessive Number

The article analyzes the novelties introduced to the civil procedural legislation in the cassation review. Cassation proceedings in Ukraine’s current civil proceedings engender a post-appellate court decision review, the content and purpose of which are to ensure civil proceeding implementation based on the latter principle application. The author evaluates cassation filters as a positive step in forming the cassation appeal institution. They constitute self-limitation of the Supreme Court’s jurisdiction and are designed to relieve it from reviewing an excessive number of cases. Simultaneously, the current legal regulation of cassation filters (grounds for appealing court decisions) is far from ideal and needs to be improved, given the shortcomings highlighted in the study. The non-parties to the case, possessing the right to cassation appeal, are not always burdened with participation in the case. Using the example of prosecutor participation in the cassation proceedings, the author illustrates how national law confers such rights on persons who did not take part in the case.

scholarly journals A comparative law review of the expenses of civil proceedings as the subject of legal protection insurance in German and Croatian law

2021 ◽  
Vol 93 (3) ◽  
pp. 846-889
Author(s):  
Loris Belanić ◽  
Jakob Nakić
Keyword(s):  
Financial Burden ◽  
German Law ◽  
Legal Protection ◽  
Case Law ◽  
The European Union ◽  
Processing Elements ◽  
Court Of Justice ◽  
Civil Proceedings ◽  
The Subject ◽  
Legal Costs

Costs of civil proceedings may constitute a significant financial burden for the parties in exercising their rights. Ensuring redress enables transferring this burden "to the back" of the insurer and thus facilitating the parties' conduct of civil proceedings in financial terms, which is also of influence on the possibility of exercising their rights. Providing redress covers only those legal costs that are necessary (necessary) to achieve protection of the legal interests of the insured. At the same time, the insurer reimburses legal expenses in accordance with the provisions of the procedural laws on the duty to compensate the costs of proceedings and regulations determining the amount and content of individual legal costs. The paper deals with the presentation and analysis of the coverage of legal sums in German law. Then, along with the model of the analysed coverage under German law, the coverage of the costs of redress in Croatian law is presented, while processing elements of legal costs (certain legal acts prescribed to pay appropriate fees, as well as the amount of such fees) which the legal protection insurers should take into account when forming the cover of the OP. Finally, the case law of the Court of Justice of the European Union relating to ensuring redress is presented.

scholarly journals A Study of Verbal Humor in Sitcom The Big Bang Theory from the Perspective of Memetics

2017 ◽  
Vol 7 (1) ◽  
pp. 86
Author(s):  
Xiaoli Bao
Keyword(s):  
Social Skills ◽  
Common Sense ◽  
Big Bang ◽  
General Definition ◽  
Academic Field ◽  
General Overview ◽  
Big Bang Theory ◽  
The Big Bang

Verbal humor has always been in hot discussion in the academic field recently. The Big Bang Theory is a popular American sitcoms. The show is primarily centered on five characters living in Pasadena, California. The greekiness and intellect of the four men are contrasted for comic effect with Penny’s social skills and common sense. On the basis of the previous study, this thesis tries to analyze verbal humor in sitcom The Big Bang Theory from the perspective of Memetics. Firstly, the article introduces the general definition and features of verbal humor, and gives us a general overview of the memetic theory. Secondly, the article concentrates on the causes of humor generation and the process of humor generation from perspective of memetics. Lastly, the author hopes this article can help us to appreciate verbal humor in English sitcoms.

scholarly journals An Overview of the Civil Procedure and Court System of Netherlands

2021 ◽  
pp. 52-55
Author(s):  
Xhemile Saliu
Keyword(s):  
The Netherlands ◽  
Legal Protection ◽  
General Rule ◽  
Scientific Paper ◽  
Court System ◽  
Legal Remedies ◽  
Opposing Party ◽  
Civil Proceedings ◽  
The Right ◽  
Civil Trial

When it comes to Dutch law, the initiation of civil litigation, there are just a few cases in the Netherlands. This is due to the harmonized Dutch culture. Therefore, compared to other European countries, the number of lawyers and judges per capita in the Netherlands is small. In this scientific paper, we will make an overview of the civil judicial organization, the types of civil proceedings, the obligation to represent the civil cases in the court through a lawyer, legal aid and also in more detail we will focus on the main stages of the civil trial as well as the conditions that must be met before initiating civil proceedings. We will analyze in detail the fact that in the Dutch Law, the defendant may deny the right to judicial reconciliation with the plaintiff, before initiating the proceedings and that it is also preferable in Dutch Law, that the opposing party is summoned to fulfill its obligations within a certain period. If without respecting this method, the court procedure is initiated, the court costs may be attributed to the initiator of the procedure, i.e the plaintiff. Except for proceedings before judges from subordinate regions in Dutch law, the general rule is that the proceedings must be presided over by the plaintiff's attorney (procurator litis) and by a lawyer selected from the list of attorneys registered with the Association. In this scientific paper, we will also pay special attention to the temporary legal protection and special procedures and we will also focus on the judgments and legal remedies in Dutch law.

Zivilprozessualer Geheimnisschutz im Anschluss an das Gesetz zum Schutz von Geschäftsgeheimnissen

2021 ◽  
Author(s):  
Philipp Sebulke
Keyword(s):  
Trade Secret ◽  
Access To Information ◽  
Trade Secrets ◽  
Practical Advice ◽  
Civil Proceedings ◽  
Scope Of Application ◽  
Trade Secret Protection

The author examines the protection of trade secrets in civil proceedings. He focuses on analysing the new regulations for procedural trade secret protection by the German Act on the Protection of Trade Secrets (GeschGehG) and the Directive (EU) 2016/943. Whereas trade secret holders previously faced the choice of either losing the case or losing their secret, the author provides practical advice on the application of the new regulations between the conflicting poles of effective trade secret protection and procedural access to information in order to ensure sufficient protection. Furthermore, he argues for revising the §§ 16 et seq. GeschGehG, especially to extend their scope of application to all civil proceedings.

Unternehmerische Haftung in transnationalen Menschenrechtsfällen

2019 ◽  
Author(s):  
Theresa Görgen
Keyword(s):  
Human Rights ◽  
Civil Law ◽  
German Law ◽  
Transnational Corporations ◽  
Company Law ◽  
Applicable Law ◽  
Business And Human Rights ◽  
Civil Proceedings ◽  
Compensation Claims ◽  
The Impact

Civil proceedings in Germany against the companies KiK and RWE underline the increasing importance of human rights litigation in German law. This thesis examines the liability of transnational corporations in German civil law in human rights violations caused by their subsidiaries and by entities in their supply chain. Firstly, the applicable law in such cases has to be determined. Furthermore, the thesis illustrates the relevant rules in German civil law (especially in tort and company law) that may form a basis for compensation claims by alien victims. One of the study’s main topics is determining the relevant duties of care, especially the impact of the United Nations Guiding Principles on Business and Human Rights on fulfilling this task. Furthermore, the thesis highlights corporations’ liability concerning public statements which relate to their compliance with human rights.

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