Goals of Civil Justice and Civil Procedure in the Contemporary World

Uzelac, Alan

doi:10.1007/978-3-319-03443-0_1

Cited by 28 publications

(5 citation statements)

References 4 publications

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“…68 Udkast (1908) Bilag III to Ot.prp. 1 (1910 Uzelac (2014), p. 6. 72 Mattei (1994 in the introduction, there is a strong connection between legislation and society, and different societies can respond differently to the same rules.…”

Section: Choice Of Sources Of Inspirationmentioning

confidence: 93%

Sources of Inspiration of Nordic Procedural Law: Choices and Objectives of the Legal Reforms

Hjort

2021

Ius Gentium: Comparative Perspectives on Law and Justice

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This article is based on the following question: does Nordic procedural law exist? Procedural law is often regarded as a national matter, and, unlike in many other legal disciplines, there has not been any official Nordic legislative collaboration in this field. Whether one can refer to procedural law as Nordic or not also has an impact on our perception of procedural law as part of a Nordic community. One way of examining the ‘Nordic-ness’ of procedural law is to examine the sources of inspiration used when reforming procedural codes and acts. These sources are found in the preparatory works to the legislation. This article surveys the sources that have been used to reform the procedural codes and acts in the Nordic countries over the last three centuries and shows how the objects for the procedural reforms have an impact on the choice of sources of inspiration. The survey also shows that the object for the reforms changes over time, and this influences the choice of sources of inspiration. Further, the use of the sources found in the preparatory works is discussed, and this brings us back to the starting point—namely whether, based on the use of the sources of inspiration, the procedural law in the Nordic countries can be described as Nordic.

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Section: Choice Of Sources Of Inspirationmentioning

confidence: 93%

Sources of Inspiration of Nordic Procedural Law: Choices and Objectives of the Legal Reforms

Hjort

2021

Ius Gentium: Comparative Perspectives on Law and Justice

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“…The goal of civil justice is an important mark that symbolizes the direction of civil procedural law and its role in the implementation of justice. As was correctly emphasized by Uzelac (2014), it would be easy to state the obvious and repeat that in all justice systems of the world the role of civil justice is to apply the relevant substantive law to the established facts in an impartial manner and to pronounce fair and accurate judgments, but this is not so (Uzelac, 2014). The changes in the formulation of the purpose of civil justice in Ukraine is associated with modern reforms.…”

Section: What Does the Goal Of Civil Justice Mean?mentioning

confidence: 99%

Sustainable Civil Justice through Open Enforcement: The Ukrainian Experience

Izarova

2020

AJIS

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Ukraine, which is a member of the Council of Europe and is firmly on the path to European integration, develops legislation and legal doctrine with the aim of the implementing European standards. The Association Agreement signed in 2014 set out to put into effect, in particular, the approximation of legislation, the strengthening of judicial cooperation etc. The comprehensive reforms taking place cover various areas of legal regulation, specifically, legal proceedings and the enforcement of judgments. This new legislation in the field of the judicial system was approved in Ukraine in 2015-2017. The low level of trust in the judiciary, inside as well as outside of Ukraine, causes economical relations to suffer increasingly. It impacts inter alia the circulation of judicial decisions between EU Member States and Ukraine, which is not unencumbered by this and may be described as uncertain at best. Regarding all of these, the first part of this paper is about the goal of civil justice definition and defining the enforcement part throughout the process of judicial rights protection in Ukraine. In the second part we are investigating the transitional issues of the creation of an open enforcement system in Ukraine, the challenges and ways to resolve them within the most current trends of sustainable development and inclusive justice. In the conclusion, some theoretical approaches are criticized due to the lack of attention to the very ideas of sustainable justice and a peaceful and strong institutions promotion, which elude the attention of the legislators. The way of its fruition of an open and peaceful judicial enforcement creation through proper goal definition were proposed.

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“…55 En su forma más pura, este objetivo se concentra sólo en la determinación de los derechos disputados entre las personas y limita la función de la justicia civil en proporcionar un foro neutral que se pone a disposición de los litigantes para evitar recurrir a la auto tutela. 56 Este enfoque, denominado como "la vieja filosofía de la justicia según sus méritos", asume que siempre que un tribunal alcanza una decisión correcta sobre los hechos y el derecho, la justicia ha sido hecha, sin importar nada más. 57 En esta perspectiva, no son relevantes el tiempo y/o los recursos utilizados, si ello da lugar a resultados legalmente correctos.…”

Section: Desafíos Y Problemas Actuales De Los Sistemas De Jus-ticiaunclassified

El Surgimiento Del Case Management Y La Superación Del Juez Director Del Proceso: El Proceso Como Reflejo De Las Exigencias Y Problemas De Nuestra Época

Odgers

Maureira

2020

REVDER (Concepc.)

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Goals of Civil Justice and Civil Procedure in the Contemporary World

Cited by 28 publications

References 4 publications

Sources of Inspiration of Nordic Procedural Law: Choices and Objectives of the Legal Reforms

Sources of Inspiration of Nordic Procedural Law: Choices and Objectives of the Legal Reforms

Sustainable Civil Justice through Open Enforcement: The Ukrainian Experience

El Surgimiento Del Case Management Y La Superación Del Juez Director Del Proceso: El Proceso Como Reflejo De Las Exigencias Y Problemas De Nuestra Época

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