The structure of civil proceedings

convergence through the main hearing model?

Autori

  • Anna Nylund University of Tromsø

Parole chiave:

Civil proceedings, Main hearing, Role of the judge, Preparatory stage, Structure, Case management

Abstract

Traditionally, European civil procedure systems have displayed a range of structures. Currently, systems are converging around the main hearing model, which international soft law initiatives on civil procedure also endorse. This text discusses the main content and principles of the main hearing model and its application in English, Finnish, German and Norwegian law. The influence of the underlying structure of civil proceedings and the legal culture, in particular the role of the judge is explored through a comparison of the four countries. Finally, the qualities of the main hearing model are discussed, as is the way to successful implementation of the main hearing model as a tool to achieve efficient proceedings leading to quality outcomes.

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Biografia autore

Anna Nylund, University of Tromsø

Is full professor at the Faculty of Law, University of Tromsø – The Arctic University of Norway. She defended her thesis at the University of Helsinki, Finland, before moving to Norway. Her main research interests are comparative civil procedure, Europeanisation of civil procedure, mediation and family law procedure. She has lead several research projects on various aspects of comparative civil procedure resulting in international publications, including ‘The European Union and National Civil Procedure’, ‘Current Trends in Preparatory Proceedings ‘and ‘Nordic Mediation Research’. She is a member of several academic associations in her fields of interest including the Nordic Association of Procedural Law (member of the board), International Association of Procedural Law and the International Academy of Comparative Law.

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Pubblicato

2018-08-15

Come citare

NYLUND, Anna. The structure of civil proceedings: convergence through the main hearing model?. Civil Procedure Review, [S. l.], v. 9, n. 2, p. 13–40, 2018. Disponível em: https://civilprocedurereview.faculdadebaianadedireito.com.br/revista/article/view/170. Acesso em: 23 nov. 2024.

Fascicolo

V. 9 N. 2 (2018)

Sezione

Artigos