This chapter addresses first of all the goals of civil justice that are recognised in the netherlands. These are (a) the authoritative determination of rights recognised by private law and the provision of enforceable titles; (b) demonstrating the effectiveness of private law; and (c) the development of private law and guaranteeing its uniform application. Subsequently the following issues are discussed with regard to the netherlands: (1) matters within the scope of civil justice, (2) the emphasis on the protection of individual rights in civil litigation, (3) the quest for a certain balance between a decision based on a sound factual basis and speed and efficiency in reaching this decision, (4) access to court, (5) proportionality between case and procedure, (6) multi-party litigation, (7) the absence of strict formalism, (8) case processing instead of problem solving, (9) the costs of litigation and (10) user orientation.keywordspositive externalitylegal personcivil procedurepunitive damagecivil litigationthese keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.
|Title of host publication||Goals of civil justice and civil procedure in comtemporary judicial systems|
|Place of Publication||Dordrecht|
|Publication status||Published - 1 Jan 2014|
|Series||Ius Gentium: Comparative Perspectives on Law and Justice|