€100.00 incl. VAT €94.34 excl. VAT
Available shipped within 3-5 business days
100% secure payment
payments maestro mastercard visa payments
Questions about this product? Contact our customer service

Fact-Finding in Civil Litigation

A Comparative Perspective

Book | 1st edition 2010 | World | Remme Verkerk
Description

In civil cases, the facts of the case are often decisive. This book provides a comparative analysis of the process of fact-finding in the litigation process. It offers theoretical insights on the distinctive features of the fact-finding arrangements in civil cases in Austria, the Netherlands and the United States. It also examines the empirical data that shed light on the operation of procedural rules in legal practice.

The book studies specific fact-finding regulations as components of an entire system and places them in a broader context. It analyzes the history of fact-finding arrangements to elucidate the legal tradition that has shaped the mindset of practitioners and legislators. In addition, the relationship between procedural rules and the prevailing constitutional and political theory is discussed. Rules are commonly designed and adopted to promote procedural values, such as efficiency, legitimacy, accuracy and fairness. This book discusses the values that are most prominent in the Dutch, Austrian and American legal systems. It explains how many differences between systems flow from these different fundamental starting points.

Technical info
More Information
Type of product Book
Format Paperback
EAN / ISSN 9789400000742
Series name Ius Commune Europaeum
Weight 760 g
Status Available
Number of pages xiv + 444 p.
Access to exercice No
Publisher Intersentia
Language English
Publication Date Jun 24, 2010
Available on Jurisquare No
Available on Strada Belgique No
Available on Strada Europe No
Available on Strada Luxembourg No
Chapters

Downloads

  • PART I: GENERAL HISTORIC AND COMPARATIVE INTRODUCTION
  • CHAPTER 3: FACT-GATHERING AND EVIDENCE IN ANGLO-AMERICAN LEGAL HISTORY
  • CHAPTER 4: FACT-FINDING: A CONCISE GENERAL COMPARISON
  • PART III: COMPARATIVE CIVIL LITIGATION: IDEOLOGY, THEORY AND PSYCHOLOGY
  • CHAPTER 7: THE AUSTRIAN MODEL: A UTILITARIAN APPROACH TO CIVIL LITIGATION