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.
CHAPTER 1: INTRODUCTION (p. 1)
SAMENVATTING. HET ONDERZOEK NAAR DE FEITEN IN HET CIVIELE PROCES, EEN RECHTSVERGELIJKEND PERSPECTIEF (p. 371)
BIBLIOGRAPHY (p. 381)
INDEX (p. 435)
CURRICULUM VITAE (p. 441)
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The ‘Ius Commune Europaeum’ series focuses on the common foundations of the legal systems of the Member States of the European Union. It includes horizontal comparative legal studies as well as studies on the effect of EU law, treaties and international regulation within the national legal systems. All substantive fields of law are covered.
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Prof. Dr. J. Smits (chair - Tilburg University, the Netherlands)
Prof. Dr. M. Faure (Maastricht University and Erasmus University Rotterdam, the Netherlands)
Prof. Dr. E. Vos (Maastricht University, the Netherlands).
Parts of this book have been made open access. We make chapters open access because they are particularly topical, or provide a useful introduction to the subject. They may be available for a limited time or indefinitely. Some books are entirely and permanently open access.