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The New African Law: Beyond The Difference Between Common Law And Civil Law, Salvatore Mancuso
The New African Law: Beyond The Difference Between Common Law And Civil Law, Salvatore Mancuso
Annual Survey of International & Comparative Law
The current investments into African countries are limited as a result of the judicial and juridical insecurity. As such, there is a strong need to rebuild the respective legal systems in order to enhance investors' reliance and to further attract foreign investment. The idea of the unification of African laws has been considered as the only solution to eliminate obstacles to development amounting from the judicial differences among the varying African nations. Such a change would give the countries joining the process of regional integration the opportunity to assert their interests in a stronger and more confident manner within the …
The Role Of Expert Witnesses In German And U.S. Civil Litigation, Sven Timmerbeil
The Role Of Expert Witnesses In German And U.S. Civil Litigation, Sven Timmerbeil
Annual Survey of International & Comparative Law
The U.S. and German civil trial systems differ not only in many details but also regarding their fundamentals. The U.S. civil trial system seems to be basically a battle of the parties in which the lawyers are protagonists and warlords. The judge has most often only a passive role. In contrast, in German civil litigation, the judge generally has a very active role. The judge controls the proceedings, examines the witnesses and is always the decision maker. Other differences include the lack of pre-trial discovery in Germany and the important role of court experts in German civil litigation. Due to …