bluuebunny/crossref_metadata_2025 huggingface dataset:
Nematode isolation from Creophilus maxillosus (L.) (Staphilinidae) with a description of Rhabditidoides eutrophicola n. sp. (Diplogastridae) and some notes on Diplogastrellus gracilis (Bütschli, 1876) Paramonov, 1952 (Diplogastridae)
Authors: Kanzaki Natsumi , Fujimori Yuta
Published: November 2024

Nematodes associated with the carcass beetle Creophilus maxillosus were examined. The beetles were collected from the decomposed body of a dead racoon dog Nyctereutes procyonoides in Kyoto, Japan, and dissected for examination of internal parasites. The dissected beetles were kept on agar plates for isolation of phoretic species. Although no parasites were found, three species of phoretic associates, Caenorhabditis plicata, Diplogastrellus cf. gracilis and Rhabditidoides sp., were recognised, and two species were later successfully cultured as laboratory strains. Diplogastrellus cf. gracilis and Rhabditidoides sp. were compared to an authentic strain of D. gracilis (German strain, SB306) and two presumably conspecific strains (German strain RS5443 and Japanese strain NKZ346), respectively, by mating experiments and molecular sequence comparison. The comparisons revealed that D. cf. gracilis is conspecific to D. gracilis SB306, and three Rhabditidoides strains are new conspecific species. The typological and molecular characters of D. gracilis are described and compared with other populations of the species, and Rhabditidoides sp. is taxonomically described as Rhabditidoides eutrophicola n. sp.
1800 BC – Trade and Transformation in Middle Bronze Age Greece. An Essay on Regionality and Inter-regionality in Middle Bronze Age and Early Mycenaean Aegean
Authors: Dietz Søren
Published: November 2024

The article confirms that profound economic, social, and political transformations occurred around 1800 BC on the Greek Mainland and especially on the Peloponnese. We underline that the former century – the 19th century saw the creation of chiefdom societies in parts of the Mainland and consider the 18th century to create the economic, social, and political structures of the Mycenaean state. We have seen that the external relations with the tribes on the Greek Mainland were with the Cyclades, while no relations with Crete are attested during the period of the early shaft graves in Mycenae (MHIIIA). In the Eastern Mediterranean, the 18th century BC saw the fall of the Middle Kingdom in Egypt, the rise of the Assyrian dynasty under Shamshi-Addad, the kingdom of Hammurabi of Babylon, the early Hittite kingdom and the establishment of Troy VIa in northwest Anatolia. We consider this tremendous boom in the Eastern Mediterranean to have inspired the creation of the secondary (‘derivative’) Mycenaean state. The intention is to show that using a high-resolution diachronic time scale makes it possible to create a narrative of gradual social, economic, and political transformations from the Middle to the Late Bronze Age in the Aegean area. The article is divided into two sections. First, a summary of the most recent results describing chronology and social transformations in Middle Bronze Age and early Mycenaean Greece (‘status analyses’) and second, a conclusion estimating what these data tell us about the origin of the Mycenaean society. To reach this conclusion, we have constructed an evolutionary model in order to establish a gradual development of Mycenaean society. The conclusion based on our evolutionary model seems to advocate for a strong influence from the eastern Mediterranean countries, creating the social and economic structure of the Mycenaean society.
Vester Hedegaard. A Late Neolithic Settlement with House Remains, Offering Pits, Carbonised Grain and Animal Bones in Northern Jutland
Authors: Johannsen Jens Winther , Mandrup Per
Published: November 2024

A settlement with six houses and two offering pits is presented in the article. The settlement is roughly dated to the Late Neolithic II (c.1950–1700 BCE). It contained comprehensive subsistence material, including carbonised grain, food crust and burned bones of a cow and a smaller mammal. The two animals were possibly trapped in a house fire and interpreted as evidence of livestock stalling during the Late Neolithic. The material forms the basis of an interpretation of the subsistence, which is suggested to have consisted of cereal cultivation enhanced by intensive fertilisation with dung from domestic animals. This cultivation cycle ensured stable food production on the lean soils of the area during the occupation. Analysis of the food crust indicates that fruit wine was also consumed in the settlement.
The Megaliths of Mols Peninsula – a Case Study of Applied Digital Photogrammetry in a Survey of Neolithic Monuments in Denmark
Authors: Mauritsen Esben Schlosser , Andersen Niels H. , Rømer Axel Hee
Published: November 2024

This study presents a practical case analysis detailing the outcomes of a survey project conducted on Neolithic megalithic structures on the Mols Peninsula in East Jutland, Denmark. The survey methodology employed digital photogrammetry, utilizing consumer-grade drones and handheld digital cameras. This approach facilitated the merging of aerial perspectives of the local surroundings with terrestrial photographs specifically focusing on the densely clustered stone chambers. Subsequently, the gathered data underwent conversion into various forms, such as orthophotos, surface elevation models, 3D representations, hill shades, point clouds, and textured low-resolution models optimized for online visualization. Among the noteworthy findings, the study included an evaluation of 19th-century drawings, revealing their remarkable precision. However, it was also noted that one of the monuments underwent substantial alterations in 1943. Moreover, the study successfully generated 3D models of the capstones from two dolmens, allowing for their virtual reconstruction. Importantly, the research introduced an innovative technique for mapping burned flints on the field surface surrounding the dolmens by employing low-altitude vertical drone photography – a previously unexplored method.
Effect of patulin on the growth and nutrient composition of black soldier fly larvae
Authors: Xiao Z. , Mats L. , Shao S.
Published: November 2024

Black solider fly (BSF, Hermetia illucens) is a common insect in most part of North America, Europe, and Asia, and it is one of the most promising alternative protein sources for animal consumption. BSF can be fed on food waste and agricultural byproducts, which are usually contaminated with mycotoxins. Therefore, it is important to study the fate of mycotoxins in BSF and how mycotoxins will affect the growth and nutrient composition of BSF. Patulin is one of the major mycotoxins found in rotten fruits and consumption of patulin contaminated food can cause both long term and short-term health problems in both human and livestock. In this study clean and patulin spiked apple puree were provided to 50 three days old black soldier fly larvae (BSFL) for 3, 6, 9 and 17 days. Patulin bioaccumulation and degradation by BSFL, survival rate, weight gain and nutrient composition of BSFL were evaluated. During the treatment period, no patulin bioaccumulation was found in BSFL. BSFL was able to degrade patulin and convert patulin into (E)-ascladiol. By day 17, BSFL degraded 89.7% of patulin, 5.7% of patulin was converted into (E)-ascladiol, and 10.3% of patulin remained in its original form. While patulin treatment led to lower biomass and growth rate in BSFL, greater protein content and lower lipid content was observed in patulin treated BSFL. Thus, we conclude that BSFL do not accumulate patulin, and it is able to degrade patulin and converts patulin into its derivatives. The applied patulin negatively affects the development of BSLF resulting in lower biomass, growth rate and lipid content, but it induces higher protein content in BSFL.
Femme-bracing Neurodiversity: Applying Femme Theory to the Experiences of Feminine Autistics
Authors: Coombs Emily C. , Comeau Emily E.
Published: November 2024

At the crossroads of femme theory and Autistic femininity lie the nuanced experiences of individuals whose identities challenge societal norms of both gender and neurodiversity. By delving into these intersections, this article seeks to illuminate the unique perspectives of Autistic individuals who, in some aspect, identify with femininity. Employing six core principles of femme theory—reclaiming femininity, valuing feminine knowledge and characteristics, intersectionality, agency and empowerment, visibility and inclusivity, and resistance to femmephobia and misogyny—, the authors analyze, through theory application, how these principles manifest in the lives of Autistic individuals. Using femme theory, this research identifies the nuanced ways Autistic individuals navigate societal expectations and stereotypes. The findings contribute to a more comprehensive understanding of the diverse spectrum of femininity, emphasizing the importance of recognizing and respecting the agency and experiences of Autistic individuals.
Sobre la Calidad de la Justicia en España
Authors: Santos Andrés de la Oliva
Published: November 2024

Se analizan en el trabajo los distintos factores que contribuyen a reforzar o a deteriorar la calidad de la Justicia, desde la perspectiva de lo que sucede en España. La calidad es un concepto de difícil concreción, que puede medirse – aunque no de forma exclusiva – a través de parámetros objetivos como la duración media de los procesos y las tasas de confirmación o revocación en vía de recurso de las sentencias dictadas por los tribunales inferiores. Se trata, en todo caso, de una noción en la que influyen, en primer término, cuestiones que pueden calificarse como “factor humano”, entre las que destaca la mentalidad con que los jueces afrontan su función. La calidad también se ve condicionada por decisiones o coyunturas políticas –como sucede actualmente en España con el profundo descrédito en que ha caído el máximo órgano de gobierno del Poder Judicial–. Y son igualmente decisivos aspectos organizativos, entre los que se encuentran la descentralización territorial en la gestión de la Justicia –que genera desequilibrios por regiones–, la discutible especialización de órganos jurisdiccionales o la distribución interna de funciones dentro de los propios tribunales –objeto de una reciente reforma en España a través de la cual se ha encomendado sobre los secretarios judiciales unas facultades de control sobre el desarrollo del proceso que ponen en peligro la garantía de la independencia judicial–.
Die Qualität der Gerechtigkeit in Einer Gesellschaft und der Zivilprozess
Authors: Stürner Rolf
Published: November 2024

Der Beitrag stellt die Frage nach der Rolle des Zivilprozesses für die Gerechtigkeit innerhalb der Gesellschaft . Er behandelt zunächst den grundlegenden Unterschied zwischen der kontinentaleuropäischen und der U.S.-amerikanischen Gesellschaft mit ihrem verschiedenen Freiheitsverständnis, das auch die Funktion des Zivilprozesses in der Gesellschaft wesentlich bestimmt. Die kontinentale Gesellschaft neigt traditionell eher zu einem Modell inhaltlich gestalteter Freiheit mit paternalistischen Zügen. Präventive Regulierung und vorsorgende Rechtspfl ege spielen eine ebenso gewichtige Rolle wie versicherungsmäßiger Schutz vor existenziellen Schäden. Der Zivilprozess dient in erster Linie einem weitergehenden Bedürfnis nach dem Schutz subjektiver Rechte zwischen Privaten, seine gesellschaft sgestaltende Wirkung ist demgemäß zwar durchaus bedeutsam, aber nicht wirklich grundlegend. Der Zivilprozess ist deshalb vornehmlich Zweiparteienprozess zwischen Privaten. Die Rolle des Gerichts ist nicht nur vom Gedanken der Neutralität im formalen Sinne bestimmt, sondern auch von der Vorstellung staatlicher Rechtsfürsorge, in Deutschland mit der Folge eines dialogischen Prozesses mit richterlicher Schlichtungsaktivität. Die Kollektivklage zur Veränderung gesellschaft licher Grundentscheidungen hat deshalb das Bild zivilrechtlicher Rechtspfl ege bisher nicht neu bestimmt, und die Privatisierung der Rechtspfl ege durch nichtrichterliche Mediation oder Schiedsgerichtsbarkeit hat vor allem auf Gebieten des Verbraucherrechts nur maßvollen Umfang erreicht. Das Freiheitsverständnis der U.S.-Gesellschaft setzt weniger auf präventive Fürsorge als auf Selbstbehauptung und repressive Sanktion bei Regelverstößen. Der U.S.-amerikanische Zivilprozess dient dabei auch der Kompensation existentieller Mängel des Gesamtsystems und damit verstärkt öff entlichen Interessen. Er orientiert sich bis heute am Jury-Verfahren als einer Form basisdemokratischer Regelsetzung und fördert bei breiteren gesellschaft lichen Missständen die Massenklage. Gleichzeitig begreift er die richterliche Entscheidung als Instrument des „last resort“ und setzt auf Parteieinigung ohne staatliche Rechtsverwirklichung. Dies erklärt die Toleranz der U.S.-Gesellschaft gegenüber der anhaltenden Entwicklung zur Privatisierung der Ziviljustiz in Schiedsgerichten und außergerichtlicher Mediation. Der Beitrag betont die Vorzüge präventiver rechtlicher Gestaltung und Fürsorge und bezweifelt die Effizienz repressiven zivilprozessualen Rechtsschutzes in Fällen existentieller Wirkung von Rechtsverletzungen und bei der Lösung gesellschaft licher Grundkonfl ikte. Er weist dem Zivilprozess insoweit lediglich eine Komplementärfunktion zu und sieht die Gefahr seiner Überforderung, wenn man gesetzgeberische und administrative Prävention zu sehr zurücknimmt. Die Folge dieser Überforderung sind übertriebene Privatisierungstendenzen, die zur Abwertung der rechtsstaatlichen Rechtsgeltung führen und Gerechtigkeit zum Gegenstand eines „Bargaining“ abstufen.
Report on the State of Civil Justice in England
Authors: Levy Inbar , Zuckerman Adrian
Published: November 2024

The report draws attention to the main problems and trends in the administration of civil justice in England and Wales, and provides empirical information about the performance of the court system. The main problem facing court users is the cost of legal services, which is unpredictable, has no upper limit, and can be disproportionate to the value of the dispute. As a result, access to justice is restricted to the rich. The introduction of conditional fee agreements over a decade ago sought to address the problem by providing litigants (mainly personal injury claimants) risk-free access to court. But this system created unsustainable distortions of its own, and proposals to reform it are under discussion. Unable to provide access to court at proportionate cost, the Government and the judiciary have developed policies designed to put pressure on litigants to refer their disputes to mediation. While mediation is desirable, it is doubtful whether it is a satisfactory alternative to access to justice. Finally, there has been a review of the procedures for obtaining collective redress. The group litigation order (an opt-in system) proved unsatisfactory. Reform proposals are under discussion. The appendix provides quantitative information about the performance of the court system.
Cross-Border Enforcement in the Eu: Mutual Trust Versus Fair Trial? Towards Principles of European Civil Procedure
Authors: Kramer Xandra
Published: November 2024

The key question of this contribution is whether further harmonisation of civil procedure in the European Union is required as a consequence of the policy aim to fully abolish the exequatur, notably within the context of the Brussels I Regulation. Where cross-border litigation is traditionally resolved by private international law instruments, the abolition of the requirement of the exequatur as a common standard of existing enforcement regimes, necessitates a deliberation on harmonisation of certain elements of (national) civil procedure. The abolition of exequatur underlies the premise of mutual trust. However, without clear EU rules as to what constitutes a fair trial, mutual trust may not be more than a hollow phrase. This contribution addresses the current policy and regulatory framework regarding cross-border enforcement of judgments, the concepts of mutual trust and fair trial, and discusses the type of harmonised rules that are required to facilitate and legitimise the abolition of exequatur in order to enhance cross-border litigation.
Das Zusammenspiel von Rechtsquellen und Institutionen bei Internationalen Kindesentführungen
Authors: Coester-Waltjen Dagmar
Published: November 2024

For the first time, the Hague Child Abduction Convention of 1980 introduced the cooperation of national institutions at the international level in order to be able to quickly achieve an appropriate solution in cases of international child abduction. The Convention was accepted relatively quickly and has been ratified by many states. However, its application has revealed a number of problems. In addition to organizing regular meetings of a Special Commission, which attempt to suggest practical and legal improvements in the application of the Convention, the Hague Conference is working on the creation of an international network of judges engaged in abduction proceedings and on improving communication among those judges. Moreover, the Hague Conference maintains a publicly accessible database of all publications and judicial decisions in this area (INCADAT). Further rules on international child abduction can be found, among others, in the Hague Child Protection Convention of 1996. That Convention, which provides rules on the jurisdiction to adjudicate, the applicable law, and the recognition and enforcement of judgments regarding measures for the protection of children, complements the Hague Child Abduction Convention and prescribes original rules for those states that have not ratified the Abduction Convention. Parallel to these international conventions, the European Union has introduced particular rules on child abduction in the Brussels IIa Regulation. This Regulation, too, is accompanied by the establishment of a judicial network and increased cooperation among participating authorities. The following article examines how these various sources of law operate, identifies their underlying principles and the various levels at which cooperation among national institutions take place. A subsequent analysis of a number of judicial opinions demonstrates the problems that have arisen. But it also shows that, through the increased opportunities for cooperation, protection for those involved has been improved, permitting decisions that are both in the best interest of the child and family friendly.
Coopération D’autorités et Recouvrement International des Aliments
Authors: Gallant Estelle
Published: November 2024

The enforcement of maintenance obligations in private international law, recently entirely revamped by a regulation of the European Union and two Hague Conventions, requires the cooperation of the relevant authorities. As far as this cooperation is judicial, it is indirect, the result of solidarity among tribunals and also of an understanding of belonging to a jurisdictional community. To the extent the cooperation is administrative, it intervenes at every stage of the process, for the purpose of increasing the effectiveness of enforcement mechanisms for maintenance obligations. Moreover, the administrative cooperation sometimes relies on, sometimes supplants, judicial cooperation.
La Question Prioritaire de Constitutionnalité et le Dialogue Primordial des Juges Français
Authors: Deumier Pascale
Published: November 2024

In French law, judicial review of the constitutionality of a piece of legislation has introduced an institutionalized dialogue between the supreme courts and the constitutional court. The adoption of this new procedure has been accompanied by an important informal, and sometimes conflictual, dialogue among these courts and, more generally, among all judges in charge of protecting fundamental rights. This dialogue among judges will permit the delineation of the role of each court in protecting these rights. It will further reveal various insights into the judicial dialogue itself. The exchanges among the judges have thus far revealed the stakes regarding power and authority that underly a particular interpretation of the law, an interpretation of the constitution, and the protection of fundamental rights. Moreover, most of these dialogues have been part of judicial opinions, thus breaking with the French tradition of short and concise opinions that leave hardly any room for mentioning prior decisions, let alone the decisions of other tribunals. These two developments have taken place both in carrying out the newly institutionalized dialogue itself and in the dialogues generated by the new proceeding.
Ausgewählte Probleme der Zuständigkeit, Litispendenz und Anerkennung unter besonderer Berücksichtigung von Handelssachen
Authors: Pfeiffer Thomas , Wais Hannes
Published: November 2024

This article focuses on problems of jurisdiction, lis pendens and recognition of provisional measures in the scope of the application of Brussels I, particularly with regard to questions that are also relevant for commercial matters. The article comes to the following conclusion: The rules for jurisdiction for the substance of the matter are not transferable to jurisdiction for provisional measures, because in this respect other weighing of interests applies. Those interests that are aimed at effective enforcement of the law gain considerable importance because interim legal protection bases on the idea of speedy and efficient legal protection. This applies to considerations on the restriction of forum shopping and of pending proceedings. As regards the latter the authors point out that it will not amount to an excessive increase of legal protection because of the risk that a successful interim measure is not recognised because a former negative decision of another member state bars the later interim measure.
Analyse Comparative / Comparative Perspectives
Authors: Gregory Smith N.
Published: November 2024

There are increasing concerns that American judges are insufficiently unbiased, and that the administration of justice is unfair. Concerns about judicial bias have become more pronounced in the aftermath of the United States Supreme Court’s opinion in Caperton v. A.T. Massey Coal Co. In that case, the court concluded that multimillion dollar election expenses that were made by an officer of one of the litigants in the election campaign of a state supreme court justice disqualified that justice from hearing the case. This article briefly considers the history of judicial disqualification in America. It looks at current disqualification standards, including the due process of law standard announced in the Caperton case. It also discusses, and comments upon, various reform proposals that have been offered to deal with problems of judicial bias, or perceived bias, and the disqualification of American judges.
Some Observations on the Current Trends of the Class Actions in civil law Countries
Authors: Carpi Federico
Published: November 2024

This essay is inspired by a lecture given in Jerusalem in memory of the late Professor Steve Goldstein, who was a renowned scholar in civil procedure and comparative law, and a member of the Council of the International Association of Procedural Law. After a recount of Professor Goldstein’s ideas on collective redress according to Israeli law, the author emphasises the caution with which legislatures in civil law countries address the issue of regulating class actions. Some remarks are made on the Italian system, recently regulated, as well as on the French system.
Le Principe de Validité de la Convention D’Arbitrage International en Droit Français: un Principe Dynamique
Authors: Racine Jean-Baptiste
Published: November 2024

The principle of validity of the international arbitration agreement is regularly used by the French judiciary. This principle means that an arbitration agreement is generally valid, save for a violation of international public policy. Even though contested by some scholars, this principle properly reflects the French understanding of the law of international arbitration: a law entirely devoted to favouring private justice. It is, in this sense, a ‘dynamic’ principle. It appears to this author perfectly justified, although it necessarily needs to be limited where a weak party is interested.
Analyse Comparative / Comparative Perspectives
Authors: Nakano Shunichiro , Wang Chin-Yen
Published: November 2024

Judicial assistance is considered to be the exercise of the state’s judicial sovereignty to assist a foreign state in exercising its own judicial sovereignty based on a mutual agreement between the two states. Therefore, in Japan, the existence of diplomatic relations is considered to be the prerequisite for judicial assistance. However, Taiwan (officially the Republic of China) is not diplomatically recognised by Japan or other major countries around the world. The above concept of judicial assistance hinders the effective resolution of civil or commercial disputes as far as Taiwan is concerned. This article takes Japan–Taiwan relations as an example and, after illustrating the difficulties caused by the unavailability of judicial assistance and having a closer look at the legal environment in the field of judicial assistance, as well as the recognition and enforcement of foreign judgments in Japan and Taiwan respectively, discusses the possibility of obtaining judicial assistance in Taiwan.
The ECJ’s Interpretation of Article 5(3) Brussels I Regulation: A Carefully Balanced System of Jurisdictional Rules?
Authors: Ten Wolde Mathijs H. , Henckel Kirsten C.
Published: November 2024

In this Article, an analysis is made of the interpretation of the Brussels I Regulation by the ECJ in respect of Article 5(3). It takes a closer look at the system of jurisdiction and the underlying principles involving actions for liability in matters relating to tort, delict or quasi-delict. The jurisdictional rule in Article 5(3) is based on the existence of a particularly close connection between the dispute and the court of the place where the harmful event has occurred. The competence of this court is justified by the requirements of a sound administration of justice and the efficacious conduct of proceedings. Primarily owing to the thoughtful interpretation of Article 5(3) the European Court of Justice has established a carefully balanced system of jurisdictional rules concerning actions for liability brought before a Member State court arising out of tortuous conduct committed by a tortfeasor domiciled in a European Member State.
Jurisdiction Over Torts with Foreign Elements According to Brazilian Law
Authors: de Castro Mendes Aluisio Gonçalves , Tiburcio Carmen
Published: November 2024

In times when the interaction and movement of people is frequent, it is necessary to analyse the rules on international jurisdiction over disputes, especially those arising from torts and, more specifically, those related to the Internet. The present essay starts with the analysis of general international jurisdiction rules in the Brazilian legal system and, in parallel, in the European Council Regulation No 44/2001. After that, rules of exercise of jurisdiction over civil wrongs according to Brazilian law are examined, including some related to the subject comprised in international conventions ratified by Brazil. Finally, rules relating to the exercise of jurisdiction in the context of internet disputes are also analysed.
Adjudication on Patent Validity and Prevention of Repeat Allegation of Invalidity: Suggestions from the UK to Japan
Authors: Kudo Toshitaka
Published: November 2024

For adjudicating patent validity, UK patent law treats litigation as the primary route so that the court can essentially adjudicate the issues of infringement and revocation in the same proceedings. When the court makes a decision to dismiss an application for revocation of the patent and to adjudicate the patent to be valid, estoppel arises based on the theories of finality of judgments under English civil procedure law, and the attempt to contest the validity of the patent a second time in the subsequent litigation shall be precluded. On the other hand, under Japanese law, the court may examine grounds for invalidity alleged as a defence in an infringement lawsuit (Patent Act of Japan [JPA], art. 104-3); nevertheless the court does not have the authority to invalidate the patent. Only an invalidation trial conducted by the patent office can formally invalidate the patent, and it has historically been the primary route for patent invalidation. Where the patent office dismisses a request for an invalidation trial and upholds the validity of the patent, a repeat request shall be prohibited if it is based on the ‘same facts and evidence’ (JPA, art. 167). As long as the expression ‘same facts and evidence’ is narrowly construed to keep the balance with res judicata, a repetition of a dispute over patent validity should be restricted by means of the theory based on the good faith principle for precluding the subsequent litigation, which shares its background concept and function with the principles of estoppel under English civil procedure law.
Collective Tort Litigation and due Process of Law: The Brazilian Experience
Authors: Marinoni Luiz , Arenhart Sergio Cruz
Published: November 2024

This essay deals with the Brazilian experience in tort litigation about collective and mass rights. It offers a view of the Brazilian law on this subject and of the courts’ trends in managing these cases. It also establishes the basis for the Brazilian approach to the collective due process of law, and debates the solutions found for major problems in the lights of that principle. Trying to offer a panoramic view of Brazilian experience in this field, the article aims to highlight the principal concerns of and obstacles to collective redress in this country.
Responsabilidad Civil Extracontractual Y Subrogación del Asegurador en la Unión Europea
Authors: Caamiña Domínguez Celia M.
Published: November 2024

This article examines international jurisdiction of EU Member States in lawsuits involving insurance companies where one of them acts as surrogate of her client, who has been already indemnified. According to EU regulations and the European Court of Justice case law, it determines the applicable forums taking into account that we face cases that do not fit within the concept of insurance matters due to the fact that there is no weak party in need of protection.
Analyse Comparative / Comparative Perspectives
Authors: Ubertis Giulio
Published: November 2024

The proceedings take place within a linguistic universe. Consequently, in the proceedings only a verification of the propositions is necessary using other propositions and no philosophising is required to overcome the hiatus between words and the objects they refer to. The semantic theory of truth is thus considered the most appropriate doctrine to adequately satisfy the need for a judicial truth acceptable to all. However, evidence is required on which to base a true factual reconstruction. This evidence may be convincing to the judge and considered proof for a conviction after a positive assessment of the sources, modes and inferences from the items of evidence to the outcomes, in the case where the factual reconstruction verifies the accusation beyond any reasonable doubt.
European Collective Redress: A Status Quaestionis
Authors: Voet Stefaan
Published: November 2024

This descriptive paper provides an unpretentious overview of recent collective redress developments in Europe, in particular on the European level and in four European jurisdictions. The aim is simply to describe recent legislative initiatives and reforms. The facts and nothing but the facts. Particular attention is paid to the recent EC Recommendation on common principles for injunctive and compensatory collective redress mechanisms. Its goal is not to harmonise the national systems, but to list some common, non-binding, principles relating both to judicial and out-of-court collective redress that Member States should take into account when crafting such mechanisms. At the same time, the EC issued a proposal for a Directive on certain rules governing actions for damages under national law for infringements of the competition law provisions, which is also briefly analysed. Finally, national collective redress developments in four European jurisdictions are described: the recent amendments to the 2005 Dutch Collective Settlements Act and the 2005 German Act on Model Case Proceedings in the Capital Markets (KapMuG), and the recent legislative reforms in France and Belgium to introduce a consumer class action.
Efficiency and Values in the Constitution of Civil Procedure
Authors: Gélinas Fabien , Camion Clément
Published: November 2024

In this paper, the authors identify important gaps in the literature on civil procedure reform and suggest avenues for further research. Taking a critical look at the consensus that prevails across jurisdictions regarding the need to reform civil procedure, the authors insist on putting efficiency in perspective and on acknowledging the relative lack of reliable data on which to ground proposed changes to civil procedure in the United Kingdom, the United States, and Canada. The methodological challenges posed by data collection may be overcome by considering converging procedural practices as well as harmonisation endeavours such as the ALI/UNIDROIT Principles of Transnational Civil Procedure. In addition, certain theoretical assumptions may be fleshed out through the exercise of classifying the fundamental values of justice underlying procedural arrangements across jurisdictions.
China’s Litigation Mediation: Evolution, Institution and Recent Trend
Authors: Weiping Zhang
Published: November 2024

This article deals with the functioning of mediation in civil matters in the context of the Chinese judicial system, as well as with its interaction with adjudication by State courts.
The Fundamental Right to a Reasonable Procedural Time Between Efficiency and Guarantees
Authors: Câmara Alexandre Freitas
Published: November 2024

This paper explains how Brazilian civil procedural law deals with the fundamental right to a reasonable length of procedure, balancing it between the search for efficiency and the protection of procedural guarantees. It establishes a link between procedural efficiency and the quality of judicial decisions, pointing out that the demand for qualitatively good decisions comes from the Brazilian Constitution. Reasonable procedural time is considered an important part of a constitutional model of civil procedure, which is composed by some principles that are constitutional guarantees of fair proceedings, such as due process. The author asserts that some important changes are required in Brazilian civil justice system to make efficiency possible without any harm to procedural guarantees, allowing civil proceedings to take place in a reasonable length of time. Some accelerating mechanisms are discussed, such as filters on access to higher courts and the anticipation of judicial protection by provisional decisions.
Changes of Jurisdiction Rules and Relevance for Third States
Authors: Yoshida Motoko
Published: November 2024

This article focuses on the changes of jurisdiction rules in Brussels I Regulation (Recast) that came into effect on 10 January 2015 and their relevance to the third states. The changes of the jurisdiction rules related to third states are more moderate than expected and the Regulation (Recast) is treated as unsatisfied and needs further amendments. The Regulation (Recast) stipulates the presence of the report including an evaluation of the possible need for a further extension of the jurisdiction rules and if necessary a proposal for the amendment. For preparing future discussion, the sufficiency of the amendment and the future issues are discussed from the parallel standpoint of the Member States and the third states. In conclusion, this article suggests it is meaningful to reconfirm the fundamental elements in order to make a good discussion of future international jurisdiction systems as well the effectiveness and smoothness of international jurisdiction rules worldwide.
GLI Accordi Sulla Giurisdizione Nella Nuova Disciplina Degli Artt. 25 E 31 Nel Reg. 1215/2012
Authors: Silvestri Caterina
Published: November 2024

With resolution of 20 November and decision of 6 December 2012, the Parliament and Council of the European Union have adopted Regulation 1215/2012, which replaces and revises Regulation 44/2001 on the jurisdiction and recognition and enforcement of decision in civil and commercial matters. Thus, the ‘system of Brussels’, the foundation of the jurisdictional structure in Europe, opens a new chapter in the history of European integration, characterised by the circulation of decisions without the need of a preliminary decision on enforceability (exequatur). Although this is the major novelty introduced, Regulation 1215/2012 also reforms other crucial aspects of European procedure in trying to resolve certain difficulties that appeared under the previous regime, primarily the dilatory use of certain procedural rules. The present article focuses on the changes in the area of forum selection clauses, which the European lawmakers have adopted both with regard to the merits and with regard to procedure. With regard to the latter, the Regulation adopts a special mechanism to deal with lis pendens, which gives preference to the jurisdiction of the chosen forum independently of the time at which the complaint is filed. In this new arrangement, the lawmakers have left unaddressed the question of the level of depth with which the court seized can review the validity or the inexistence of the forum selection clause, a question that is addressed in the present article, both in cases with and in cases without parallel litigation.
El Reglamento (Ue) Nº 606/2013 Del Parlamento Europeo Y Del Consejo, De 12 De Junio De 2013, Relativo Al Reconocimiento Mutuo De Medidas De Protección En Materia Civil
Authors: Isidro Marta Requejo
Published: November 2024

Regulation (EU) No. 606/2013 has been applicable in the European Union (except in Denmark) since 11 January 2015. Even though the import of the regulation, considered separately, is modest, it is part of an ambitious initiative of the European Union and other institutions to protect the victims, especially the victims of domestic and gender- based violence, in cross-border cases. Moreover, the Regulation is characterised, from a technical point of view, by certain distinct elements that are due to the particularity of the matter and that are extraordinary in the framework of European civil procedure.
Procedural Non-Compliance and Relief From Sanctions after The Jackson Reforms
Authors: Ahmed Masood
Published: November 2024

This article critically analyses the new approach towards non-compliance with procedural requirements and relief from sanctions following the Jackson Reforms on civil litigation costs. It argues that the new approach falls short of providing clear guidance as to how it is to be applied in practice. It argues that these shortcomings have principally been caused by the senior judiciary’s failure to clearly and consistently articulate an approach which obliges the courts to conduct an appropriate balancing exercise between the need to preserve a party’s obligation to strictly comply with its procedural obligations on the one hand and the need to ensure that due consideration is given to the issue of substantive justice on the other. It also argues that the new approach fails to have regard to the potential adverse impact which is likely to result in the administration of justice in cases involving litigants-in-person. Finally, the author advances an alternative approach which judges should adopt towards procedural non-compliance and relief from sanctions.
Prisoners’ Rights, Proportionality and Judicial Review
Authors: Akhtar Zia
Published: November 2024

Although the structured nature of the proportionality test was heralded even before the enactment of the Human Rights Act 1998, courts have, until quite recently, not invoked it much in their judgments. The basis of the test and, in particular, the distinction between the necessity and fair balance questions is now more accepted. In Bank Mellat v Her Majesty’s Treasury (No 2) [2013] UKSC 39, Lord Sumption stated that it requires the court to strike the right balance between private right and public interest; and the court is required to undertake an exhaustive analysis of the facts advanced in defence of the measure, in order to determine (i) whether its objective is sufficiently important to justify the limitation of a fundamental right; (ii) whether it is rationally connected to that objective; (iii) whether a less intrusive measure could have been used; and (iv) whether, having regard to these matters and the severity of the consequences, a fair balance has been struck between the rights of the individual and the interests of the community. This article takes as an example the rights of prisoners in the UK where there has been an infringement of the Human Rights Act to invoke the circumstances of their detention, and their ability to successfully challenge the unreasonable conditions imposed on them when they are confined in prison.
L’Efficacité Internationale des Jugements
Authors: d’Avout Louis
Published: November 2024

Pursuing a policy of maximum mutual confidence and automatic recognition of judgments since 2000, the lawmakers of the European Union have caused concern that the traditional ideas and techniques of private international law (a transboundary cooperation among “equals”) might be abandoned in favour of a centralised federal system of justice, in which the judges of one State may render decisions that the organs of the other States must recognise and enforce without exception. The various controversies caused by the recast of the Brussels I Regulation have permitted the drafters to reorient these goals and policies and to give them a new legal appearance. In the new Chapter III of the recast Regulation (on recognition and enforcement of judgments), the formalities of the exequatur were abolished without also taking the public policy control and the possibility of collateral attacks away from the recognition State. The system is evolving toward mutual trust and reasonable assimilation of domestic and foreign judgments, which translates into increased effectiveness abroad of foreign judgments with the possibility of a later finding of non-enforceability in the recognition State. The new regime of inter-European effectiveness should be seen as a valuable model ; it should be possible to propagate it in the context of other European regulations on judicial cooperation, which could in turn contribute to the emergence of a common system that is convincing and worth exporting.
Analyse Comparative/ Comparative Perspectives
Authors: Anthimos Apostolos
Published: November 2024

Law No. 4335/2015 entered into force on 1 January 2016, resulting in radical changes in Greek civil litigation. Part of the reforms deals with amendments to the chapter on payment orders. Previously it was forbidden to issue a Greek order for payment, if the debtor was residing abroad. Pursuant to the new provisions, this is no longer the case. The importance of the matter for foreign debtors is related to the peculiar nature of the Greek model: unlike the majority of EU Member States’ legislation, the Greek order for payment is, once issued, automatically an enforceable title. The new provisions feature therefore a dual system, depending on the residence of the debtor: with respect to debtors living in Greece, the order for payment remains immediately enforceable; however, additional requirements have been posed, when the order for payment has to be served abroad, in order to safeguard the rights of the defendants.
Mediation and Arbitration: A Disappointing Hope
Authors: Nieva-Fenoll Jordi
Published: November 2024

In recent times, arbitration and mediation have been proposed as the definitive and yet somewhat deluded answer, to all the problems surrounding justice; the relevance of such problems has often been overstated. Courts have been condemned and the benefits of ADR unrealistically highlighted.

This paper focuses on the actual historical origin of ADR reflecting on the reasons behind its growing success over the last 50 years, often poorly described elsewhere. Moreover, arbitration is highlighted as an elitist certainty along with its not infrequently naïve approach to the debate on mediation. The overinflated fees and general public dissatisfaction are also exposed.

The paper also describes the Public Authority as a political promoter of ADR, as a cost-effectiveness exercise, rather than offering the public a better access to justice. Governments try to reduce funding allocated to the courts and yet do not divert any funds to ADR. In fact some nations would rather give up a significant part of the judiciary, in favour of its unacceptable privatisation.
L’alinéa 3 de L’article Premier du Code de Procédure Civile du Québec: Une Formule de Style?
Authors: Guillemard Sylvette , Plamondon Jacinthe
Published: November 2024

On 1 January 2016, a new code of civil procedure came into force in Québec. Apart from the traditional rules on state procedure, this code contains provisions regarding alternative dispute resolution methods. In addition to arbitration, which is already well known under Québec law, it addresses conventional mediation. In order to express its will to promote these methods of dispute resolution, the legislator chose to begin the code with the governing principles, placing them immediately after a “preliminary provision”. The importance of referring to and promoting these non-judicial proceedings is put in concrete terms in the third paragraph of the first article. Unfortunately, the wording of the provision is ambiguous, not to say incoherent. It is necessary to systematically and meticulously analyse the guiding principles of the code to discover its meaning. In the end, the third paragraph of the first article may only be a figure of speech.
Access to Civil Justice under European Case Law
Authors: López María Luisa Villamarín
Published: November 2024

Effective access to justice is the primary fundamental right that needs to be recognised in modern civil procedure. This article deals with this right from the perspective of the European Court of Human Rights case law, analysing its main content and trying to identify whether it could be subject to some limitations (either temporal, personal, procedural or economic) in a proportionate and reasonable way.
Small Value Claims and Digital Justice in Spain: Cost and Efficiency
Authors: Juan-Sánchez Ricardo
Published: November 2024

Under Spanish law there are different possibilities for the claim of small value debts. This paper focuses on the recovery of non-contested monetary debts up to €6,000 and analyses the different existing possibilities to collect them, including costs. It also addresses the issue of whether the introduction of electronic communications with the courts will reduce these costs and indeed improve their efficiency.