Civil Litigation in Comparative Context

CIVIL LITIGATION IN COMPARATIVE CONTEXT, Oscar G. Chase and Helen Hershkoff, eds., ThomsonWest, 2007

Posted: 7 Dec 2007

See all articles by Oscar G. Chase

Oscar G. Chase

New York University School of Law

Helen Hershkoff

New York University School of Law

Linda Silberman

New York University School of Law

Yasuhei Taniguchi

Teikyo University

Vincenzo Varano

University of Florence

Adrian A. S. Zuckerman

University of Oxford - Faculty of Law

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Abstract

Law professors from four different nations, England, Italy, Japan, and the United States, collaborated on this book, which explains, explores, and evaluates major civil litigation systems in the contemporary world. Surprisingly, the differences among the civil procedure regimes around the world are often greater than those of substantive law. We do not elucidate those differences in this abstract, except to note that even the somewhat hackneyed distinction between the adversarial system of the common law countries and the inquisitorial system of the Continent obscures differences both between and within those systems.

The book begins with an essay describing the principal differences among the major civil litigation systems. The balance of the work consists of edited readings that that include law review articles, judicial opinions, and statutory and code provisions. Editorial comments by the authors give the reader a context. The topics treated include:

- Organization of courts and the judiciary - The structure of the legal profession - Initiating a law suit, defining the issues, and gathering the evidence - Resolving the case in the first instance court: the trial and analogous processes - Short-cuts to judgment and provisional remedies - Appeals - Aggregation of parties, claims, and actions - Finality and preclusion - Enforcement of judgments - Transnational litigation - Harmonization of civil procedure: prospects and perils

The book is intended to be a resource for scholars working in the area of comparative procedure, as well as an introduction for students and faculty.

Keywords: courts, civil procedure, comparative law, dispute resolution, legal systems

Suggested Citation

Chase, Oscar G. and Hershkoff, Helen and Silberman, Linda and Taniguchi, Yasuhei and Varano, Vincenzo and Zuckerman, Adrian A. S., Civil Litigation in Comparative Context. CIVIL LITIGATION IN COMPARATIVE CONTEXT, Oscar G. Chase and Helen Hershkoff, eds., ThomsonWest, 2007. Available at SSRN: https://ssrn.com/abstract=1066942

Oscar G. Chase (Contact Author)

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States
212-998-6217 (Phone)
212-995-4881 (Fax)

Helen Hershkoff

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States

Linda Silberman

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States
212-998-6204 (Phone)
212-995-4341 (Fax)

Yasuhei Taniguchi

Teikyo University ( email )

Faculty of Law
Hachiojishi, 192-0395
+81-3-3542-9462 (Phone)
+81-3-3542-9330 (Fax)

Vincenzo Varano

University of Florence ( email )

Piazza di San Marco, 4
Florence, 50121
Italy

Adrian A. S. Zuckerman

University of Oxford - Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom

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