Varieties of Social Civil Procedure

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

Edited by Martin Löhnig

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Extent: 168 pages

Publisher: Duncker & Humblot

Subjects: Law, Slavic Studies

Series: Schriften zur Rechtsgeschichte

Series volume number: 225

Language: English

Paperback (Published)

(December 2024)

ISBN: 9783428192106

6.18 x 9.17 inches

Price: $89.00

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Two very different models were available after 1918: 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. All new 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.


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.

"Martin Lohnig Battle Rule or Welfare Institution? German Civil Procedure Law in the Interwar Period Kamila Staudigl-Ciechowicz Civil Procedure Law in Austria in the Interwar Period Eszter Cs. Herger In the Service of Truth. Civil Procedure Law in Hungary in the Interwar Period Anna Stawarska-Rippel The Phenomenon of Departing from Legal Solutions of Expert Bodies in the Legislative Process - the Polish Interwar Experience. Historical or Current Dilemmas? Petra Skrejpkova The Development of Civil Procedure in the Interwar Period Mirela Kresic and Dunja Milotic Civil Procedure Law in Central Europe. Kingdom of Serbs, Croats and Slovenes/Yugoslavia (1918-1941) Bibliography List of Authors ", Martin Löhnig
Battle Rule or Welfare Institution? German Civil Procedure Law in the Interwar Period
Kamila Staudigl-Ciechowicz
Civil Procedure Law in Austria in the Interwar Period

Eszter Cs. Herger
In the Service of »Truth«. Civil Procedure Law in Hungary in the Interwar Period

Anna Stawarska-Rippel
The Phenomenon of Departing from Legal Solutions of Expert Bodies in the Legislative
Process – the Polish Interwar Experience. Historical or Current Dilemmas?

Petra Skřejpková
The Development of Civil Procedure in the Interwar Period

Mirela Krešić and Dunja Milotić
Civil Procedure Law in Central Europe. Kingdom of Serbs, Croats and
Slovenes/Yugoslavia (1918–1941)

Bibliography

List of Authors

  • Edited by Martin Löhnig