Civil Procedure in Denmark, 4th Edition

Author: Erik Werlauff
Publisher: Kluwer Law International
ISBN: 9789403501963
Published In: November 2022
Format: Paperback , 152 pages
Jurisdiction: Denmark ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Of all the branches of legal practice, it is civil procedure that varies the most from one jurisdiction to another. Any party contemplating (or otherwise involved in) a civil action in a foreign country is well advised to become familiar with the basic forms and concepts of procedural law in that jurisdiction.

This very useful book provides that essential knowledge for Denmark. In a small compass and without overdue complexity, it gives any legal practitioner the knowledge to proceed confidently and avoid pitfalls as he or she deals with such matters as business disputes, property rights, family and estate affairs, real estate, bankruptcy, or the testing of certain administrative decisions in Denmark.

The author describes and analyzes the rules applicable to civil procedure under the Administration of Justice Act ( Retsplejeloven, or Rpl ), with detailed attention where appropriate to the major reform of Danish procedural law now under way. The important human rights dimension of Danish civil procedure is also emphasized, as Rpl continues to be amended to bring it into line with the European Convention on Human Rights.

A general introduction describes the background, sources, and fundamental guarantees of Danish civil procedure law. Further chapters cover the courts, the organization of legal practice, bailiffs and debt collection, jurisdiction and venue, application of international treaties, admissible actors, ordinary and provisional proceedings, appeals, legal aid and legal costs, burden of proof, administration of evidence, enforcement of judgments, arbitration, and other key elements of the subject.
The Author List of Abbreviations General Introduction Selected Bibliography
Part I. Judicial Organization

Chapter 1. The Courts and Their Members
Chapter 2. The Bar
Chapter 3. The Bailiffs

Part II. Jurisdiction
Chapter 1. Domestic Jurisdiction
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. Pre-trial Proceedings
Chapter 2. Proceedings in First Instance
Chapter 3. Review Proceedings

Part V. Incidents Part VI. Legal Aid and Legal Costs
Chapter 1. Legal Aid
Chapter 2. Legal Costs

Part VII. Evidence
Chapter 1. Burden of Proof
Chapter 2. Admissibility of Evidence
Chapter 3. Administration of Evidence

Part VIII. Particular Proceedings

Part IX. Seizure for Security and Enforcement of Judgments Chapter 1. Seizure for Security
Chapter 2. Enforcement of Judgments

Part X. Arbitration Index