History of civil procedure

The present chapter provides an overview of the history of civil procedure in Continental Europe from the late eleventh century. Major questions and developments are highlighted such as the origin and character of the Romano-canonical procedural model that influenced and shaped procedure in the various parts of Europe. The conclusion is that this Romano-canonical model was not adopted in toto, but in a piecemeal manner resulting in the development of procedural styles characteristic for specific courts. These styles influenced the codification of civil procedure from the end of the eighteenth century. Crucial moments in codification were the introduction of the French 1806 Code de procédure civile in 1807, that of the 1895 Austrian Zivilprozessordnung in 1898, and the introduction of the 1998 English CPR in 1999. These moments changed the perspective of procedural law in a decisive manner.