ELI – Unidroit Model European Rules of Civil Procedure

European Union Law

ELI – Unidroit Model European Rules of Civil Procedure

By European Law Institute and UNIDROIT
Oxford University Press August 2021

Specifications

ISBN-13
9780198866589
Publisher
Oxford University Press
Publication
August 2021
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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.

Table of Contents

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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