European Union Law

Civil Procedure in Belgium 2nd Edition

Edited by Piet Taelman · Claudia van Severen
Kluwer Law International April 2021

Specifications

ISBN-13
9789403532936
Publisher
Kluwer Law International
Publication
April 2021
Format
Paperback
Jurisdiction
Netherlands ? 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 Belgium. 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 Belgium 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

List of Abbreviations
General Introduction
Part I. Structure of the Judiciary
Chapter 1. Structure of the Court System
Chapter 2. Administration of the Court
Chapter 3. The Public Prosecutor’s Office
Chapter 4. The High Council of Justice
Chapter 5. The Constitutional Court
Chapter 6. The Council of State
Part II. Participants in the Judicial System
Chapter 1. Members of the Judiciary
Chapter 2. Attorneys
Chapter 3. Bailiffs
Part III. Jurisdiction
Chapter 1. Domestic Jurisdiction
Chapter 2. International Jurisdiction
Part IV. Actions and Claims
Chapter 1. Actions
Chapter 2. Claims and Defences
Chapter 3. Sanctions on Procedural Irregularities
Part V. Proceedings
Chapter 1. Pretrial Proceedings
Chapter 2. Proceedings in First Instance
Chapter 3. Review Proceedings
Part VI. Incidents
Chapter 1. Resumption of the Proceedings
Chapter 2. Withdrawal of the Proceedings, Withdrawal of the Action and Withdrawal of a Procedural Act
Chapter 3. Challenge of Judges
Chapter 4. Removal of the Case from the Court
Chapter 5. Repudiation of an Act of Procedure
Part VII. Legal Aid and Legal Costs
Chapter 1. Legal Aid and Legal Assistance
Chapter 2. Legal Costs
Part VIII. Evidence
Chapter 1. Reform of the Belgian Civil Code: Book 8 on the Law of Evidence
Chapter 2. Burden and Standards of Proof
Chapter 3. Admissibility of Evidence
Chapter 4. Discovery and Disclosure
Chapter 5. Administration of Evidence
Part IX. Seizure for Security and Enforcement of Judgments
Chapter 1. Seizure for Security
Chapter 2. Enforcement of Judgments
Chapter 3. The Collective Debt Settlement Procedure
Part X. Arbitration
Chapter 1. Introduction: Legislative Framework
Chapter 2. Arbitrability
Chapter 3. Arbitration Agreement and Party Autonomy
Chapter 4. Arbitral Tribunal
Chapter 5. Interim Measures and Preliminary Awards
Chapter 6. Conduct of Arbitral Proceedings
Chapter 7. Arbitral Award
Chapter 8. Recourse Against Arbitral Award
Chapter 9. Recognition and Enforcement of Awards
Part XI. Mediation
Chapter 1. Introduction: Legislative Framework
Chapter 2. Rights That Can Be Subject to Mediation
Chapter 3. Mediation Agreement
Chapter 4. Persons/Institutions That Can Act as Mediator
Chapter 5. Mediation Procedure
Chapter 6. Settlement Agreement
Chapter 7. Setting Aside a Settlement Agreement
Selected Bibliography
Index
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