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This volume was developed as part of a cooperative project of the European Law Institute (ELI) and the International Institute for the Unification of Private Law (Unidroit), dealing with civil procedure law. The long-term project began in February 2014, as a joint endeavour to adapt the American Law Institute/Unidroit Principles of Transnational Civil Procedure to the European legal environment, and ended in 2020 with the approval of the ELI-Unidroit Model European Rules of Civil Procedure. Featured in this volume, the Rules are accompanied by comments. They take into account the diverse traditions in Europe concerning civil procedure law and aim to find a common thread in them. Therefore, they not only consider the similarities but also the differences in order to gain a solution that does not favour one legal system but combines aspects of them all, fostering effectiveness and fairness in civil procedure. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.
This volume investigates the feasibility and structure of a unified set of civil procedure rules designed to harmonize diverse legal traditions across the European landscape. The project, a collaborative effort between the European Law Institute (ELI) and the International Institute for the Unification of Private Law (Unidroit), utilizes the American Law Institute/Unidroit Principles as a foundational framework. The authors argue that by synthesizing commonalities and reconciling differences between European legal systems, a model can be established that promotes both procedural effectiveness and judicial fairness.
What You Will Find
Scope Limits
Legal scholars and practitioners identify this work as a foundational reference for the future of European procedural harmonization. Experts frequently note the technical density of the prose, which is intended for use by legislators, judges, and legal academics.
Page Count:
842
Publication Date:
2021-01-01
Publisher:
OUP Oxford
ISBN-10:
0192636391
ISBN-13:
9780192636393
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