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ELI – Unidroit Model European Rules of Civil Procedure

ELI – Unidroit Model European Rules of Civil Procedure

Author: European Law Institute and UNIDROIT
Publisher: Oxford University Press
ISBN: 9780198866589
Published In: August 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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This volume was developed as part of a cooperative project of the European Law Institute (ELI) and the International Institute for the Unification of Private Law (UNIDROIT), dealing with civil procedure law. The long-term project began in February 2014 and ended in February 2020 concluding in an ELI-UNIDROIT Instrument. This volume consists of the ELI-UNIDROIT Instrument on the European Rules of Civil Procedure, which features Rules and accompanying comments. It takes into account the diverse traditions in Europe concerning civil procedure law and aims to find a common thread in them. Therefore, it not only considers the similarities but also the differences in order to gain a solution that does not favour one legal system but combines aspects of all legal systems.

Introduction

I.:PROJECT HISTORY

II.:ARCHITECTURE AND DEVELOPMENT OF THE PROJECT

III.:PROJECT METHODOLOGY

IV.:MODEL RULES RATHER THAN A COMPLETE CODE

V.:COHERENCE AND CONSISTENCY OF TERMINOLOGY

VI:GENERAL REMARKS ON THE SCOPE OF THE MODEL EUROPEAN RULES OF CIVIL PROCEDURE

VII:THE ACQUIS COMMUNAUTAIRE AND THE RULES

VIII.:MODERN COMMUNICATION AND RECORDING, ARTIFICIAL INTELLIGENCE AND THE RULES

MODEL EUROPEAN RULES OF CIVIL PROCEDURE

PART I - GENERAL PROVISIONS

SECTION 1 - Scope

SECTION 2 - Principles

A. Co-operation

B. Proportionality

C. Settlement

D. Right to be heard

E. Representation and assistance

F. Oral, written and public Proceedings

G. Languages, interpretation and translation

SECTION 3 - Proceedings

A. Commencement, termination, Concentration and scope

B. Facts, evidence and applicable law

C. Sanctions for non-compliance and relief from sanctions

PART II - PARTIES

SECTION 1 - General Part

SECTION 2 - Special Part

A. Multiple Parties

B. Substitution and Succession of Parties

SECTION 3 - Cross border issues

PART III - CASE MANAGEMENT

PART IV - COMMENCEMENT OF PROCEEDINGS

SECTION 1 - Pre-commencement procedural duties

SECTION 2 - Commencement and pleadings

A. Statement of claim

B. Joint application for party agreed proceedings

PART V -PROCEEDINGS PREPARATORY TO A FINAL HEARING

PART VI - SERVICE AND DUE NOTICE OF PROCEEDINGS

SECTION 1 - General part - Service, Due Notice and the Right

to be Heard

SECTION 2 - Responsibility for and methods of service

A. General Provisions

B. Methods of Service

SECTION 3 - Cross border issues

A. In the European Union

B. Outside the European Union

PART VII - ACCESS TO INFORMATION AND EVIDENCE

SECTION 1 - General part

A. General Provisions on Evidence

B. Management of Evidence

C. Presentation and Evaluation of Evidence

SECTION 2 - Access to evidence orders

SECTION 3 - Types of evidence

A. Documents

B. Testimonial Evidence

C. Examination of Parties

D. Expert Evidence

E. Judicial Inspection

SECTION 4 - Cross-border issues

A. In the European Union

B. Outside the European Union

PART VIII - JUDGMENT, RES JUDICATA AND LIS PENDENS

SECTION 1 - General Part

SECTION 2 - Special Part

A. Default Judgment

B. Judicial Settlements

SECTION 3 - Effects of Pendency and Judgments

A. Lis pendens and related actions

B. Res judicata

PART IX - MEANS OF REVIEW

SECTION1- General Part

SECTION 2 - Appeals

SECTION 3 - First Appeals

SECTION 4 - Second Appeals

SECTION 5 -Review of procedural error and miscellaneous appeals

SECTION 6 - Extraordinary Recourse

PART X - PROVISIONAL AND PROTECTIVE MEASURES

SECTION 1 - General part

SECTION 2 - Special part

A. Asset Preservation

B. Regulatory Measures

C. Evidence Preservation

D. Interim Payment

SECTION 3 - Cross border issues

PART XI - COLLECTIVE PROCEEDINGS

SECTION 1 -Collective Interest Injunctions

SECTION 2 - Collective Proceedings

A. General Part

B. Admissibility of Collective Proceedings

C. Case Management of Collective Proceedings

D. Settlements in Commenced Collective Proceedings

E. Judgments in Collective Proceedings

F. Collective Settlements outside Collective Proceedings

SECTION 3 - Cross Border Issues

Within the European Union

SECTION 4 - Costs, Expenses and Funding

PART XII - COSTS

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