• Simplification and acceleration of civil justice in Europe. With special reference to small claims procedures

Publisher:
Lambert Academic Publishing
Publication date:
2011-12-27
Authors:

(Anna Nyilas, PhD: Studied Law at Debrecen University. Assistant Lecturer at Department of Civil Procedure, Faculty of Law, Debrecen University.)
ISBN:
9783846505144

Description:

The book focuses on legal instruments that promote simplification of the process and timely completion of the lawsuit in the first instance civil procedure. It observes the changes of traditional principles in the pursuit of efficient and high quality court procedures. Results of a research conducted from 2007 to 2010 are presented. Civil procedures of multiple jurisdictions are covered, including the most "influencing" English, French and German procedures and specific procedural regulations in Austria, the Netherlands and Hungary – the latter used as a basis of reflection, as the "native" procedure of the author. Small claims procedures are interpreted as one significant way of providing access to justice by keeping judicial resources and procedural costs moderate while providing a well-established judgment with all its effects and enforceability. A balance of parties’ rights and managing powers of the judge together with the principle of cooperation guaranteed by explicit procedural liabilities in the law may lead to an effective and just system of civil litigation. The book should help gain insight into efficiency issues in civil justice for lawyers or anyone interested.

MATERIAS: civil justice, small claims, Civil Procedure, Simplification