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This comparative analysis of civil procedure concentrates on the purposes served by the institution of legislation rather than the intentions of those who litigate. Stressing that those purposes go far beyond mere nonviolent dispute resolution, Jolowicz conducts a comparative examination of procedural law in an attempt to explain the ideas that underlie its constituent elements. He also deals with the reform of English law and the consequences that the new Civil Procedure Rules will have on the character of English procedural law.
The law relating to recourse is always changing, but the present
period is notable for the number of countries whose law has
recently undergone, is now undergoing, or is about to undergo
extensive reform. This makes the comparison of differing systems
particularly difficult. This book is the second volume in the
series "Civil Procedure in Europe." It gives a comparative overview
of the systems of recourse against civil judgments actually in
operation in 14 countries of the European Union. The reports were
written against the background of a document originally circulated
in July 1995, but each of them remains the original work of its
individual author. The contributions are written by national
expects distinguished in the field of civil procedural law. The
main reports are written in English, French, German and in one case
Spanish, and are followed by summaries in the remaining languages.
Extensive bibliographies have been included, to enable the reader
to find material for further study. The national reports
systematically address the following: a description of the right of
appeal in each country; the nature and scope of the appeal against
first and second instance judgments; enforceability of Judgment
subject to recourse; and default judgments. Recourse against
judgments covers the following countries: Austria, Belgium,
Denmark, England and Wales, Finland, France, Germany, Greece,
Ireland, Italy, The Netherlands, Portugal, Spain and Sweden.
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