Civil Procedural Law

Faculteit Rechtsgeleerdheid
Jaar 2017/18
Vakcode RGBPR50005
Vaknaam Civil Procedural Law
Niveau(s) bachelor
Voertaal Engels
Periode semester II b (block 4)
ECTS 5
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Uitgebreide vaknaam Civil Procedural Law
Leerdoelen This module will provide students with an introduction to and basic knowledge of civil procedural law in its international context. After this course the students must have an idea of the diversity of civil procedural law systems in the world, the juridical problems with which lawyers are confronted when the litigation has transnational aspects, the possible regulatory solutions in particular those of the ALI/UNIDROIT Principles of transnational civil procedure and the harmonizing influence of instruments as the European Convention of Human Rights and Fundamental Freedoms and those contained in European Union law.
Omschrijving Civil procedural law provides regulation for civil proceedings. In civil proceedings claims derived from substantive private law are verified, specified and strengthened by an enforcement title. A claimant, who pretends to have a right, is granted a right and title to prevent him from taking the law into his own hands. In addition there will be a contribution to the further development and the unity of substantive law. Civil procedural law is therefore crucial for forming an understanding and knowledge of substantive private law. Furthermore, the civil procedure has the function of dispute settlement. The judge will make a decision based on legal rules. Whether or not the dispute between the parties will be solved by this decision is not certain. For this, two other legal concepts are available: the judge can assist the parties involved to resolve the case by means of a settlement, and the judge can facilitate parties coming to a solution under the supervision of a third party (mediation). Because this is an international course, the focus is not on one national legal system, but on the Principles of Transnational Procedure, as drafted by the American Law Institute and UNIDROIT. These Principles are a form of 'soft law'. They claim to have universal significance in the sense that they mirror a model of an ideal civil procedural law system which bridge the national differences. Attention will be paid also to the influence of European instruments like the ECHR and those contained in European Union law.

This module is taught through lectures. Before the start of the semester a list of study material will be provided in a reader. After the lectures the module will rounded off with, depending on the number of participants, a written or oral exam.
Uren per week 2
Onderwijsvorm hoorcollege
(7 2-hour lectures)
Toetsvorm schriftelijk (essayvragen) (digitaal indien mogelijk)
(Exam dates)
Vaksoort b-niveau, juridisch
Coördinator mr. dr. R.J.C. Flach
Docent(en) mr. dr. R.J.C. Flach ,prof. mr. A.I.M. van Mierlo
Verplichte literatuur
Titel Auteur ISBN Prijs
Reader 'Civil Procedural Law 2017-2018', RUG 2017
Entreevoorwaarden
  • This course is only accessible for students that have obtained at least 45 EC from their first year courses at research university level or that participate in a pre-approved pre-master or decree programme.
  • This course is not open to non-law exchange students.
Opmerkingen
Opgenomen in
Opleiding Jaar Periode Type
Exchange programme 1 semester II b optional
LLB International and European Law 2 semester II b compulsory
Open Colleges 1 semester II b keuze
Pre-LLM International Commercial Law 1 semester II b compulsory