This volume was developed as part of a cooperative project of the European Law Institute (ELI) and the International Institute for the Unification of Private Law (Unidroit), dealing with civil procedure law. The long-term project began in February 2014, as a joint endeavour to adapt the American Law Institute/Unidroit Principles of Transnational Civil Procedure to the European legal environment, and ended in 2020 with the approval of the ELI-Unidroit Model European Rules of Civil Procedure. Featured in this volume, the Rules are accompanied by comments. They take into account the diverse…mehr
This volume was developed as part of a cooperative project of the European Law Institute (ELI) and the International Institute for the Unification of Private Law (Unidroit), dealing with civil procedure law. The long-term project began in February 2014, as a joint endeavour to adapt the American Law Institute/Unidroit Principles of Transnational Civil Procedure to the European legal environment, and ended in 2020 with the approval of the ELI-Unidroit Model European Rules of Civil Procedure. Featured in this volume, the Rules are accompanied by comments. They take into account the diverse traditions in Europe concerning civil procedure law and aim to find a common thread in them. Therefore, they not only consider the similarities but also the differences in order to gain a solution that does not favour one legal system but combines aspects of them all, fostering effectiveness and fairness in civil procedure.
The European Law Institute (ELI) is an independent non-profit organisation established to initiate, conduct and facilitate research, make recommendations, and provide practical guidance in the field of European legal development. Building on the wealth of diverse legal traditions, its mission is the quest for better law-making in Europe and the enhancement of European legal integration. By its endeavours, the ELI seeks to contribute to the formation of a more vigorous European legal community, integrating the achievements of the various legal cultures, endorsing the value of comparative knowledge, and taking a genuinely pan-European perspective. As such its work covers all branches of the law: substantive and procedural; private and public. The International Institute for the Unification of Private Law (Unidroit) is an independent intergovernmental Organisation based in Rome with 63 member States world-wide. Its purpose is to study needs and methods for modernising, harmonising and co-ordinating private and in particular commercial law as between States and groups of States and to formulate uniform law instruments (international conventions and model laws, principles and rules, and guides) to achieve those objectives. In its almost 100-year history it has conducted approximately 90 studies, developing numerous instruments advancing uniform law in as diverse fields as civil procedure, contracts, cultural property or security interests and access to finance.
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* Introduction * I.: PROJECT HISTORY * II.: ARCHITECTURE AND DEVELOPMENT OF THE PROJECT * III.: PROJECT METHODOLOGY * IV.: MODEL RULES RATHER THAN A COMPLETE CODE * V.: COHERENCE AND CONSISTENCY OF TERMINOLOGY * VI: GENERAL REMARKS ON THE SCOPE OF THE MODEL EUROPEAN RULES OF CIVIL PROCEDURE * VII: THE ACQUIS COMMUNAUTAIRE AND THE RULES * VIII.: MODERN COMMUNICATION AND RECORDING, ARTIFICIAL INTELLIGENCE AND THE RULES * MODEL EUROPEAN RULES OF CIVIL PROCEDURE * PART I - GENERAL PROVISIONS * SECTION 1 - Scope * SECTION 2 - Principles * A. Co-operation * B. Proportionality * C. Settlement * D. Right to be heard * E. Representation and assistance * F. Oral, written and public Proceedings * G. Languages, interpretation and translation * SECTION 3 - Proceedings * A. Commencement, termination, Concentration and scope * B. Facts, evidence and applicable law * C. Sanctions for non-compliance and relief from sanctions * PART II - PARTIES * SECTION 1 - General Part * SECTION 2 - Special Part * A. Multiple Parties * B. Substitution and Succession of Parties * SECTION 3 - Cross border issues * PART III - CASE MANAGEMENT * PART IV - COMMENCEMENT OF PROCEEDINGS * SECTION 1 - Pre-commencement procedural duties * SECTION 2 - Commencement and pleadings * A. Statement of claim * B. Joint application for party agreed proceedings * PART V -PROCEEDINGS PREPARATORY TO A FINAL HEARING * PART VI - SERVICE AND DUE NOTICE OF PROCEEDINGS * SECTION 1 - General part - Service, Due Notice and the Right * to be Heard * SECTION 2 - Responsibility for and methods of service * A. General Provisions * B. Methods of Service * SECTION 3 - Cross border issues * A. In the European Union * B. Outside the European Union * PART VII - ACCESS TO INFORMATION AND EVIDENCE * SECTION 1 - General part * A. General Provisions on Evidence * B. Management of Evidence * C. Presentation and Evaluation of Evidence * SECTION 2 - Access to evidence orders * SECTION 3 - Types of evidence * A. Documents * B. Testimonial Evidence * C. Examination of Parties * D. Expert Evidence * E. Judicial Inspection * SECTION 4 - Cross-border issues * A. In the European Union * B. Outside the European Union * PART VIII - JUDGMENT, RES JUDICATA AND LIS PENDENS * SECTION 1 - General Part * SECTION 2 - Special Part * A. Default Judgment * B. Judicial Settlements * SECTION 3 - Effects of Pendency and Judgments * A. Lis pendens and related actions * B. Res judicata * PART IX - MEANS OF REVIEW * SECTION1- General Part * SECTION 2 - Appeals * SECTION 3 - First Appeals * SECTION 4 - Second Appeals * SECTION 5 -Review of procedural error and miscellaneous appeals * SECTION 6 - Extraordinary Recourse * PART X - PROVISIONAL AND PROTECTIVE MEASURES * SECTION 1 - General part * SECTION 2 - Special part * A. Asset Preservation * B. Regulatory Measures * C. Evidence Preservation * D. Interim Payment * SECTION 3 - Cross border issues * PART XI - COLLECTIVE PROCEEDINGS * SECTION 1 -Collective Interest Injunctions * SECTION 2 - Collective Proceedings * A. General Part * B. Admissibility of Collective Proceedings * C. Case Management of Collective Proceedings * D. Settlements in Commenced Collective Proceedings * E. Judgments in Collective Proceedings * F. Collective Settlements outside Collective Proceedings * SECTION 3 - Cross Border Issues * Within the European Union * SECTION 4 - Costs, Expenses and Funding * PART XII - COSTS
* Introduction * I.: PROJECT HISTORY * II.: ARCHITECTURE AND DEVELOPMENT OF THE PROJECT * III.: PROJECT METHODOLOGY * IV.: MODEL RULES RATHER THAN A COMPLETE CODE * V.: COHERENCE AND CONSISTENCY OF TERMINOLOGY * VI: GENERAL REMARKS ON THE SCOPE OF THE MODEL EUROPEAN RULES OF CIVIL PROCEDURE * VII: THE ACQUIS COMMUNAUTAIRE AND THE RULES * VIII.: MODERN COMMUNICATION AND RECORDING, ARTIFICIAL INTELLIGENCE AND THE RULES * MODEL EUROPEAN RULES OF CIVIL PROCEDURE * PART I - GENERAL PROVISIONS * SECTION 1 - Scope * SECTION 2 - Principles * A. Co-operation * B. Proportionality * C. Settlement * D. Right to be heard * E. Representation and assistance * F. Oral, written and public Proceedings * G. Languages, interpretation and translation * SECTION 3 - Proceedings * A. Commencement, termination, Concentration and scope * B. Facts, evidence and applicable law * C. Sanctions for non-compliance and relief from sanctions * PART II - PARTIES * SECTION 1 - General Part * SECTION 2 - Special Part * A. Multiple Parties * B. Substitution and Succession of Parties * SECTION 3 - Cross border issues * PART III - CASE MANAGEMENT * PART IV - COMMENCEMENT OF PROCEEDINGS * SECTION 1 - Pre-commencement procedural duties * SECTION 2 - Commencement and pleadings * A. Statement of claim * B. Joint application for party agreed proceedings * PART V -PROCEEDINGS PREPARATORY TO A FINAL HEARING * PART VI - SERVICE AND DUE NOTICE OF PROCEEDINGS * SECTION 1 - General part - Service, Due Notice and the Right * to be Heard * SECTION 2 - Responsibility for and methods of service * A. General Provisions * B. Methods of Service * SECTION 3 - Cross border issues * A. In the European Union * B. Outside the European Union * PART VII - ACCESS TO INFORMATION AND EVIDENCE * SECTION 1 - General part * A. General Provisions on Evidence * B. Management of Evidence * C. Presentation and Evaluation of Evidence * SECTION 2 - Access to evidence orders * SECTION 3 - Types of evidence * A. Documents * B. Testimonial Evidence * C. Examination of Parties * D. Expert Evidence * E. Judicial Inspection * SECTION 4 - Cross-border issues * A. In the European Union * B. Outside the European Union * PART VIII - JUDGMENT, RES JUDICATA AND LIS PENDENS * SECTION 1 - General Part * SECTION 2 - Special Part * A. Default Judgment * B. Judicial Settlements * SECTION 3 - Effects of Pendency and Judgments * A. Lis pendens and related actions * B. Res judicata * PART IX - MEANS OF REVIEW * SECTION1- General Part * SECTION 2 - Appeals * SECTION 3 - First Appeals * SECTION 4 - Second Appeals * SECTION 5 -Review of procedural error and miscellaneous appeals * SECTION 6 - Extraordinary Recourse * PART X - PROVISIONAL AND PROTECTIVE MEASURES * SECTION 1 - General part * SECTION 2 - Special part * A. Asset Preservation * B. Regulatory Measures * C. Evidence Preservation * D. Interim Payment * SECTION 3 - Cross border issues * PART XI - COLLECTIVE PROCEEDINGS * SECTION 1 -Collective Interest Injunctions * SECTION 2 - Collective Proceedings * A. General Part * B. Admissibility of Collective Proceedings * C. Case Management of Collective Proceedings * D. Settlements in Commenced Collective Proceedings * E. Judgments in Collective Proceedings * F. Collective Settlements outside Collective Proceedings * SECTION 3 - Cross Border Issues * Within the European Union * SECTION 4 - Costs, Expenses and Funding * PART XII - COSTS
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