
Published online:
19 January 2012
Published in print:
08 December 2011
Online ISBN:
9780199919307
Print ISBN:
9780199795208
Contents
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8 The Last Treatise: Project and Person (Reflections on Martti Koskenniemi’s From Apology to Utopia)
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16 The Reform of the German Private Limited Company: Is the GmbH Ready for the Twenty-First Century?
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A. Introduction A. Introduction
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B. The Law on the Reform of Civil Procedure B. The Law on the Reform of Civil Procedure
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I. Proceedings in the First Instance I. Proceedings in the First Instance
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1. Competence of Single Judges 1. Competence of Single Judges
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2. Settlement of Cases 2. Settlement of Cases
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3. Obligations of Courts 3. Obligations of Courts
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4. Taking of Evidence 4. Taking of Evidence
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5. Withdrawal of Claims 5. Withdrawal of Claims
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6. Protection of the Right to Be Heard 6. Protection of the Right to Be Heard
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II. Appellate Remedies II. Appellate Remedies
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1. Second-Instance Appeal of Facts and Law 1. Second-Instance Appeal of Facts and Law
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1.1 Standard of Review 1.1 Standard of Review
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1.2 Availability of an Appeal 1.2 Availability of an Appeal
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1.3 The Filing and Support of an Appeal 1.3 The Filing and Support of an Appeal
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1.4 The Filing and Concept of a Cross-Appeal 1.4 The Filing and Concept of a Cross-Appeal
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1.5 The Competence of Single Judges 1.5 The Competence of Single Judges
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1.6 Dismissal of an Appeal 1.6 Dismissal of an Appeal
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1.7 Remand of an Appeal 1.7 Remand of an Appeal
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1.8 The Withdrawal of an Appeal 1.8 The Withdrawal of an Appeal
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2. Review Appeal of Law and Procedure 2. Review Appeal of Law and Procedure
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2.1 Availability of Review Appeal 2.1 Availability of Review Appeal
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2.2 Appeal Against the Denial of Permission for Filing a Review Appeal 2.2 Appeal Against the Denial of Permission for Filing a Review Appeal
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2.3 The Filing and Support of a Review Appeal 2.3 The Filing and Support of a Review Appeal
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2.4 The Filing of a Direct Review Appeal 2.4 The Filing of a Direct Review Appeal
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2.5 Withdrawal of a Review Appeal 2.5 Withdrawal of a Review Appeal
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3. Miscellaneous Appeals 3. Miscellaneous Appeals
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3.1 Immediate Miscellaneous Appeal 3.1 Immediate Miscellaneous Appeal
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3.2 Miscellaneous Appeal of Law 3.2 Miscellaneous Appeal of Law
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C. Summary and Conclusion C. Summary and Conclusion
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Chapter
21 Preparing Germany for the Twenty-First Century: The Reform of the Code of Civil Procedure
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Pages
259–286
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Published:December 2011
Cite
Rühl, Giesela, 'Preparing Germany for the Twenty-First Century: The Reform of the Code of Civil Procedure', in Russel A. Miller, and Peer C. Zumbansen (eds), Comparative Law as Transnational Law: A Decade of the German Law Journal (2011; online edn, Oxford Academic, 19 Jan. 2012), https://doi.org/10.1093/acprof:oso/9780199795208.003.0035, accessed 29 Apr. 2025.
Abstract
The number and diversity of the recently enacted laws have resulted in confusion about the state of German civil procedure today. This chapter gives an overview of the most important changes. It focuses on reform that has changed the system of German civil justice in a more fundamental and far-reaching way: The Law on the Reform of Civil Procedure of July 27, 2001. In doing so, it accounts for the changes that have been made to the Code of Civil Procedure more recently through the Law on the Modernization of Justice of July 1, 2004, and the Law on the Remedies for Violations of the Right to be Heard of 2004 of December 9, 2004.
Keywords:
German civil law, civil procedure, civil justice, Code of Civil Procedure, Law on the Modernization of Justice, violations
Subject
Public International Law
Collection:
Oxford Scholarship Online
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