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Die Gehoersruge ( 321a ZPO) - Leitfaden fur die Praxis (German, Hardcover, Reprint 2012)
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Die Gehoersruge ( 321a ZPO) - Leitfaden fur die Praxis (German, Hardcover, Reprint 2012)
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["Remedy in case of infringement of the claim for hearing (321a
ZPO, German Civil Code)"] The manual's subject is the "Gehoersruge"
( 321a ZPO), which was introduced as of 1 January 2002 in the
course of reforming the ZPO. The authors' representation is
comprehensive and reaches from the basic facts to the details,
including - for example - the continuance of the extraordinary
appeal up to the judicial and extra-judicial costs of the hearing
proceedings. The requirements of the lawyers' and judges' practice
and the legislator's ideas and the constitutional provisions have
been taken into consideration. The manual's suitability for
practical application is supported, among other things, by an
examination scheme enclosed in the annexes and including references
to jurisdiction and literature as well as several models. This
manual is more than just a short guideline for both forensic
lawyers and civil judges. From a scientific perspective, it is a
pamphlet for a restrictive comprehension both of the "Gehoersruge"
( 321a ZPO) and of the claim for fair hearing (Art. 103 para. 1 GG,
Constitution of the Fed. Rep. of Germany). The manual is up to date
with July 2004. In addition to the comprehensive evidence of
current jurisdiction and literature that is particularly important
for practice and science, the manual deals with the law on
modernization of the cost law in force from 1 July 2004, the law on
the modernization of the justice approved on 1 and 9 July 2004 and
the draft of a law on a complaint about a hearing, dated 28 April
2004.
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