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Vol 23 No 5 May/June 2018

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Civil Procedure in Germany

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ISBN13: 9789041105622
ISBN: 904110562X
Published: March 1998
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Paperback
Price: Out of print

This work provides an English-language description of the German system of civil procedure. After a summary of the political and legal systems and of the sources of German law, the book discusses the general features of the administration of justice in civil cases.;Part I deals with the judicial organization of the German system. The courts and their members, the bars and the bailiffs are discussed. Part II deals with both the domestic and the international jurisdiction of German courts. Part III examines actions and claims brought before the courts, while Part IV analyzes the court proceedings, such as pre-trial proceedings, proceedings in first instance and review proceedings. Part V discusses specific incidents and Part VI addresses legal aid and legal cost. Parts VII and VIII deal with evidence and with such matters as burden of proof and evaluation, admissibility of evidence, and in particular administration of evidence. Part IX examines seizure for security and the enforcement of judgements: both domestic and foreign proceedings (summary procedure with documentary evidence, collection proceedings, family matters, parents and child-cases and maintenance matters, simplified procedures in municipal courts and arbitration proceedings) are dealt with. Finally, Part X discusses both domestic and international arbitration.

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European Jurisdictions
Part I: Judicial Organization.
1. The Courts and Their Members.
2. The Bar.
3. The Bailiffs. Part II: Jurisdiction.
1. Domestic Jurisdiction.
2. International Jurisdiction. Part III: Actions and Claims.
1. Actions.
2. Claims and Defences.
3. Sanctions on Procedural Irregularities. Part IV: Proceedings.
1. Pre-Trial Proceedings.
2. Proceedings in First Instance.
3. Review Proceedings. Part V: Incidents. Part VI: Legal Aid and Legal Costs.
1. Legal Aid.
2. Legal Costs. Part VII: Evidence.
1. Burden of Proof and Evaluation.
2. Admissibility of Evidence.
3. Administration of Evidence. Part VIII: Particular Proceedings.
1. Summary Proceedings with Documentary Evidence.
2. Collection Proceedings.
3. Family Matters.
4. Cases Concerning Parents and Children and Maintenance Matters.
5. Simplified Procedure in the Local (Municipal) Courts.
6. Arbitration Proceedings. Part IX: Seizure for Security and Enforcement of Judgments.
1. Seizure for Security.
2. Enforcement of Judgments. Part X: Arbitration.
1. Domestic Arbitration.
2. International Arbitration.