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Within a Reasonable Time: The History of Due and Undue Delay in Civil Litigation

Edited by: C.H. van Rhee

ISBN13: 9783428134090
Published: July 2010
Publisher: Duncker & Humblot GmbH
Country of Publication: Germany
Format: Softcover
Price: £78.00



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As becomes clear from the contributions to this volume, delay in civil litigation is a central issue in the Western legal tradition. It cannot be avoided since justice cannot be done without a proper investigation of the case at issue and this takes time. Justice and procedural delay are therefore virtually synonymous. However, even though delay is unavoidable, it becomes problematic when it can be qualified as »undue«. […] the present volume contains a fascinating collection of causes of due and undue delay in civil litigation […] as well as measures to reduce the time needed to arrive at a final decision of the case. Therefore, this collection of essays may not only be worthwhile for the historically interested lawyer, but most likely also for those with an interest in the improvement of the procedural systems of our modern world.

Comparative Studies in Continental and Anglo-American Legal History, Volume 28

Subjects:
Legal History
Contents:
Introduction
Part I Middle Ages
Between Statutory Law and Learned Law: Delay in the Early History of the Medieval Italian Communes (and Beyond)
'To None Will We Sell, to None Will We Deny or Delay Right or Justice': Expedition and Delay in Civil Proceedings in the English Medieval Royal Courts
Due and Undue Delay in the English Ecclesiastical Courts (ca.
1300-1600)
Verzögert oder beschleunigt: das Beispiel des römisch-kanonischen Prozessrechts
Part II Early Modern Period
The Reform of Civil Procedure in the Rhine-Prussian Provinces: The Example of Prussian Gueldres 1713-1786; The History of Delay in Civil Procedure at the Scottish Court of Session (1600-1830)
Procedural Delay, Appeal and Advocation in the Court of Session in Sixteenth-Century Scotland
Part III 19th and 20th Centuries
Delay and Its Control in Mid to Late Nineteenth Century Scottish Civil Procedure
The Code of Virginia of 1849
Reducing Undue Delay in Nineteenth Century Belgium: a Sisyphean Task
Victorian Reform of Civil Litigation in the Superior Courts of Common Law
Delay in Austrian Civil Procedure and the Legislator's Response
The Way to the 1916 Reform of Danish Procedural Law
Clergy Discipline in the Church of England, 1830-1892
Undue Delay and the French Code of Civil Procedure (1806);

Series: Comparative Studies in Continental and Anglo-American Legal History

Central Courts in Early Modern Europe and the Americas ISBN 9783428180332
Published November 2020
Duncker & Humblot GmbH
£103.00
Limitation and Prescription: A Comparative Legal History ISBN 9783428156269
Published March 2019
Duncker & Humblot GmbH
£110.00
The Law of Presumptions: Essays in Comparative Legal History ISBN 9783428131242
Published October 2009
Duncker & Humblot GmbH
£72.00
Ratio decidendi: Guiding Principles of Judicial Decisions Volume 1 - Case Law ISBN 9783428122165
Published November 2006
Duncker & Humblot GmbH
£70.00
Negligence: The Comparative Legal History of the Law of Torts ISBN 9783428105168
Published September 2001
Duncker & Humblot GmbH
£87.00
Unjust Enrichment: The Comparative Legal History of the Law of Restitution 2nd ed ISBN 9783428079827
Published October 1999
Duncker & Humblot GmbH
£95.00
The Law of Proof in Early Modern Equity ISBN 9783428091980
Published February 1999
Duncker & Humblot GmbH
£89.00
Itinera Fiduciae: Trust and Treuhand in Historical Perspective ISBN 9783428096145
Published December 1998
Duncker & Humblot GmbH
£125.00
£61.00
£75.00