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Full-Text Articles in Law
Disobeying Courts’ Orders—A Comparative Analysis Of The Civil Contempt Of Court Doctrine And Of The Imageof The Common Law Judge, Carlo Vittorio Giabardo
Disobeying Courts’ Orders—A Comparative Analysis Of The Civil Contempt Of Court Doctrine And Of The Imageof The Common Law Judge, Carlo Vittorio Giabardo
Journal of Civil Law Studies
The aim of this article is to briefly tackle, from a comparative viewpoint, an academically quite overlooked topic: techniques of enforcement of lawful judgments. Despite a gradual convergence in many fields of law, common and civil law jurisdictions still maintain a striking diversity in the ways in which they react to non-compliance with court judgments. Whilst in common law tradition, failure to comply with a judicial order is considered civil contempt of court, in civil law countries this legal institution is simply unknown. Furthermore, it is only in civil law systems that failure to comply with a court judgment cannot …
Presuit Discovery In A Comparative Context, Scott Dodson
Presuit Discovery In A Comparative Context, Scott Dodson
Scott Dodson
In civil litigation around the globe, the usual process is that investigative discovery is allowed (if at all) only after the plaintiff files an initial pleading. Recently, however, a growing number of jurisdictions have adopted general mechanisms for presuit investigative discovery. This paper explores these mechanisms and probes their nature and importance. It first finds that presuit investigative discovery is surprisingly prevalent among common-law systems, despite the usual order of pleading and discovery. The paper then argues that presuit investigative discovery can provide a useful tool for enabling plaintiffs to file a sufficient complaint in fact-pleading jurisdictions. Finally, the paper …
Los Principios Generales Del Derecho Probatorio Y El Proceso Civil, Dr Leonardo J. Raznovich
Los Principios Generales Del Derecho Probatorio Y El Proceso Civil, Dr Leonardo J. Raznovich
Dr Leonardo J Raznovich
This article, written and published for a Spanish speaking audience, provides with a critical comparative overview of the principles of civil procedure and of the law of evidence.