Subjects:

Practice & Procedure

Contents:

General Report: Abuse of Procedural Rights: Comparative Standards of Procedural Fairness

M. Taruffo. Abuse of Procedural Rights: A Summary View of the Common Law Systems

G.C.Hazard. Regional Reports on the Abuse of Procedural Rights: Regional Report for the United States

G.C. Hazard. The Position of English Law

R. Fentiman. Abuse and Process in English Civli Litigation

N.Andrews. Report on Abuse of Procedural Rights for Australia

B.Beaumont. Regional Report for Italy and France

A. Dondi. Regional Report: Belgium-The Netherlands

P. Taelman. The Abuse of Procedural Rights in Germany and Austria

B. Hess. Abuse of Procedural Rights? F.R. Mendez. Abuse of Procedural Rights in Latin America

E.D. Oteiza. A Japanese Perpsective

J. Taniguchi. Short Note on Abuse of Procedure in Community Law

F. Mancini. Final Report: The Two Approaches to the Abuse of Procedural Rights

J. Normand. American Perspective: Jurisdiction in Civil Action at the End of the Twentieth Century: Forum Conveniens and Forum Non Conveniens

R.C. Casad. Culture and Disputing

O.G. Chase. Retooling American Discovery for the 21st Century: Toward a New World Order? R.L. Marcus. The Vicissitudes of the American Class Action -- with a Comparative Eye

L. Silberman. Forum Non Conveniens -- Who Needs It? F.K.Juenger.

A group of scholars in the area of civil procedure discuss the fundamental emerging problem concerning the abuse of procedural rights. The main features of this problem, such as: the theoretical and moral implication of procedural abuses, the subjects who may commit them, the typologies of abusive practices, the consequences and analytical perspective. The emergence and the legal characters of these issues are studied with reference to a large number of systems. A comparative framework is provided by the general and final reports.