International Co-operation in Litigation: Europe

Front Cover
Hans Smit
Brill Archive, Aug 7, 2012 - Law - 486 pages
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The reports collected in this book were prepared at the initiative and under the auspices of the Project on International Procedure of the School of Law of Columbia University within the framework of its co-operation with the Commission on International Rules of Judicial Procedure, a body created by Act of Congress of September 2, 1958, 72 Stat. 1743. The Commission is charged with studying domestic and foreign procedures of international co-operation in litigation with a view to suggesting improvements. Since June 1960, the Project has assisted the Commission in carrying out this statutorily assigned task. Work on the reports here presented was begun in the fall of 1960. The Project invoked the assistance of an active practitioner in each of the foreign countries se1ected and submitted to hirn an extensive questionnaire summarizing American procedures and posing detailed quest ions about foreign practices. The elaborate answers to these questionnaires provided the information on which the American co authors relied in drafting the English versions of the reports. By having proceeded in this fashion, the Project hopes to have prepared reports that reflect the knowledge and experience of the foreign practitioners and at the same time are drafted in terms intelligible to common law lawyers. Furthermore, to ensure that the reports would take due account of official views, in almost all instances, final drafts of the reports were submitted for comments and suggestions to appropriate foreign public officials.
 

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Contents

INTRODUCTION
1
COOPERATION RENDERED BY AUSTRIA
23
COOPERATION GRANTED BY DENMARK
58
COOPERATION SOUGHT BY ENGLAND
86
INTERNATIONAL COOPERATION IN LITI
126
COOPERATION RENDERED BY FRANCE
152
COOPERATION GRANTED BY GERMANY
190
COOPERATION RENDERED IN GREECE
229
B Taking Testimony in Norway for Use in Foreign Countries
293
COOPERATION PROVIDED BY PORTUGAL
308
COOPERATION RENDERED BY THE NETHERLANDS
395
New Federal Statute
409
New Federal Rules
432
Proposed Amended Rule 44 and New Rule 44 1 of
438
Uniform Interstate and International Procedure Act
445
Index
465

E Proof of Greek Law in Foreign Courts
246
COOPERATION SOUGHT BY ITALY
268

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