Varieties of Social Civil Procedure: The Reform of Civil Procedure Law in Central Europe in the Interwar Period

Paperback Published on: 05/12/2024
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Synopsis

English summary: After the collapse of the state structure in the centre of Europe as a result of the Great War, the new nation states often initially adopted the law that had previously applied on their territory. However, they soon sought to create their own legal order by enacting codifications in the central areas of law. The standardisation of national court constitutions and procedural law played a central role in this. Two very different models were available. On the one hand, there was the liberal German Reichszivilprozessordnung of 1877, on the other hand, there was the Austrian Zivilprozessordnung of 1895, which established the model of social civil procedure. It was not intended to be a code for Rudolf Ihering's struggle for justice, but to serve as a state welfare institution (Franz Klein) and a means of social policy. All Central European countries have embarked on the path towards a social civil process and have broken with the liberal tradition, albeit in very different ways. German description: After the collapse of the state structure in the centre of Europe as a result of the Great War, the new nation states often initially adopted the law that had previously applied on their territory. However, they soon sought to create their own legal order by enacting codifications in the central areas of law. The standardisation of national court constitutions and procedural law played a central role in this. Two very different models were available. On the one hand, there was the liberal German Reichszivilprozessordnung of 1877, on the other hand, there was the Austrian Zivilprozessordnung of 1895, which established the model of social civil procedure. It was not intended to be a code for Rudolf Ihering's struggle for justice, but to serve as a state welfare institution (Franz Klein) and a means of social policy. All Central European countries have embarked on the path towards a social civil process and have broken with the liberal tradition, albeit in very different ways.

Publisher information

  • Publisher: Duncker & Humblot
  • ISBN: 9783428192106
  • Number of pages: 168
  • Dimensions: 232 x 156 mm
  • Weight: 295g
  • Languages: English