Civil Procedure in Argentina

Law › Civil Procedure

Civil Procedure in Argentina

Edited by Roberto Berizonce · Eduardo Oteiza
Kluwer Law International December 2021

Specifications

ISBN-13
9789403539522
Publisher
Kluwer Law International
Publication
December 2021
Format
Paperback
Jurisdiction
Argentina ? Countri(es) for reference only

Details

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.

Table of Contents

The Authors

Co-Authors

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

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