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The work of the German Federal Constitutional Court has a
significant effect on all three branches of government. While
public interest and the media primarily focus their attention on
spectacular court decisions, the academic study of law strives to
record, analyze, and structure the case law of the Federal
Constitutional Court in its entirety. Research associates are the
first to observe patterns and trends in case law and follow them in
their work. From this intimate perspective, this volume strives to
address central, characteristic, and significant topics and
questions and discuss them at an academic level. The contributions
to this volume range from judgment discussions to summaries of case
law. The particular value of this volume lies in its presentation:
it is court employees themselves that present the reader with
background information as well as trends in constitutional case law
and the current and practical bearing on the activities of other
branches of government.
Now in its fourth edition, the Wieczorek/Schutze legal commentary
is a virtual institution in the field of civil procedure. This
fourteen-volume guide once again sets the standard for legal
reference works. Based on solid legal scholarship, it
comprehensively considers practical requirements and needs in
relation to civil procedure. The authorial team, which is composed
of 33 legal scholars and practitioners - including several new
younger members - ensures that the commentary remains true to its
rich traditions, but at the same time is up-to-date for current and
future needs. In addition to German civil procedure, the commentary
addresses relevant supplementary laws in Germany (e.g. EGZPO, GVG,
KapMuG, and MediationsG), as well as European and international
civil procedure. The commentary also takes into consideration
relevant legal changes as well as the newest developments in case
law and legal teaching. Here you find an overview of all fourteen
volumes. Take a closer look at the extract of volume 12 1067-1109;
Internationales Zivilprozessrecht; Rechtsquellen und Materialien.
["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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