Download e-book for iPad: Cost and Fee Allocation in Civil Procedure: A Comparative by Mathias Reimann (auth.), Mathias Reimann (eds.)

By Mathias Reimann (auth.), Mathias Reimann (eds.)

ISBN-10: 9400722621

ISBN-13: 9789400722620

The quantity describes and analyzes how the prices of litigation in civil strategy are allotted in key international locations worldwide. It compares a few of the ways, attracts basic conclusions from that comparability, and offers international developments in addition to universal difficulties and ideas. particularly, the publication bargains with 3 primary questions: First, who will pay for civil litigation charges, i.e., to what quantity do losers need to make winners entire? moment, how much cash is at stake, i.e., how dear is civil litigation within the respective jurisdictions? And 3rd, whose funds is finally spent, i.e., how are civil litigation expenditures allotted via mechanisms like felony relief, litigation assurance, collective activities, and good fortune orientated charges? Inter alia, the research unearths a common pattern in the direction of deregulation of attorney charges in addition to a considerable correlation among the weight of litigation bills and club of a jurisdiction within the civil and customary legislation families.

This examine is the results of the XVIIIth global Congress of Comparative legislation held below the auspices of the foreign Academy of Comparative Law.

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80 Teltronic-CATV v. Poland, ECHR 10 Jan. 2006 (Application no. 48140/99). 81 See the classic article by John Langbein, The German Advantage in Civil Procedure, 52 Chicago Law Review 823 (1985). 82 Again, this assumes that the respective approaches to calculation were truly equivalent. In their comment on the Draft General Report, the Chinese Reporters, for example, 1 Cost and Fee Allocation in Civil Procedure: A Synthesis 25 Thus, other factors are at work as well. In particular, jurisdictions pursue different policies as to who should pay for the civil justice system.

And indeed, family disputes are special in at least two ways: they are not necessarily (and often not primarily) about money, and the parties are usually related to each other. , in a child-custody proceeding) can look like adding insult to injury. Many systems also exempt cases with a strong social element from cost shifting. , Turkey, and in certain class actions, Brazil). 58 Japan provides one-way shifting in personal injury cases in favor of victims so that the victorious plaintiff can recover his or her attorney fees from the defendant but not the other way around.

72 In his comment on the Draft General Report, the National Reporter for the United States pointed out that “the instrumentalist view in the USA is an after-the-fact justification. ” 22 M. Reimann Moreover, US-American instrumentalism is one-sided: the basic cost rule is meant to lower the risk for the potential loser. 73 Note, however, that the American rule encourages not only lawsuits the plaintiff is confident to win but also the ones the plaintiff thinks he or she may well lose (as long as the matter is not entirely hopeless).

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Cost and Fee Allocation in Civil Procedure: A Comparative Study by Mathias Reimann (auth.), Mathias Reimann (eds.)

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