Case Management and the Principle of Co-operation in Europe: A Modern Approach to Civil Litigation

C.H. van Rhee*

*Corresponding author for this work

Research output: Chapter in Book/Report/Conference proceedingChapterAcademic

Abstract

The terminology ‘Case Management’ became fashionable in comparative legal studies in Europe as a result of the 1998 Woolf Reforms in England & Wales. These reforms attracted a lot of attention in scholarly circles. It was noted that many of the Civil Law jurisdictions on the European Continent several or more decades earlier, and even the major European Common Law jurisdiction, were moving away from an idea that had dominated civil procedure in the non-Socialist states of Europe for a long period of time, this idea being that the parties are free to shape their civil lawsuits in the way they deem fit since civil litigation is (as a rule) about the protection of their private rights and duties over which they can freely dispose. The idea is forcefully expressed by a fundamental principle of civil procedure that was first formulated in the early nineteenth century by the Bavarian legal scholar Nikolaus Thaddäus von Gönner (1764–1827): the Verhandlungsmaxime, which can be translated freely in English as the adversarial principle.
Original languageEnglish
Title of host publicationOn Judicial Management from Comparative Perspective
Subtitle of host publicationInternational Association of Procedural Law Conference (8-10 Nov. 2017, Tianjin, PRC)
EditorsLoic Cadiet, Yulin Fu
Place of PublicationSingapore
PublisherSpringer Nature Singapore
Pages13-24
ISBN (Electronic)9789811986734
ISBN (Print)9789811986727
DOIs
Publication statusPublished - 17 Oct 2023

Publication series

SeriesContemporary Chinese Civil and Commercial Law
ISSN2524-6194

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