The students will acquire knowledge about the radically different ways in which legal traditions conceive litigation in civil cases. They will learn to think about the difficulties of model presentation and question the accuracy of the accustomed schemes, e.g. the common and civil law divide. The students are going to enhance their understanding of the particular structural elements that are combined together in order to form a specific procedural flavour
Comparative Civil Procedure
Comparative Civil Procedure
Literature
MANDATORY LITERATURE
Damaška, M.; Faces of Justice and State Authority; Yale
RECOMMENDED LITERATURE
John Henry Merryman; The civil law tradition: an introduction to the legal systems of Western Europe and Latin America; Stanford (1985)
Uzelac, A.; Survival of the third legal tradition? in: IAPL 2009 Conference Materials: Future of Categories – Categories of the Future; IAPL (2009), str. 1-13
The Development of Civil Procedural Law in Twentieth-Century Europe: From party Autonomy to Judicial Case Management and Efficiency, in: C.H. van Rhee (ed.), Judicial Case Management and Efficiency in Civil Litigation; The Development of Civil Procedural Law in Twentieth-Century Europe: From party Autonomy to Judicial Case Management and Efficiency, in: C.H. van Rhee (ed.), Judicial Case Management and Efficiency in Civil Litigation; (2008), str. 11-25