Civil Litigation in a Globalising World

pp 141-156


Harmonisation of Civil Procedure and the Interaction with Substantive Private Law

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This chapter deals with the interaction between procedural law and substantive private law in the context of a partially harmonised but mainly non harmonised substantive law. It also discusses civil proceedings dealing with matters not exclusively governed by domestic law. Procedural law should take into account that the applicable private law is often drafted or developed having regard to different rules of procedure (foreign private law) or without taking into consideration the existing rules of civil procedure. The author illustrates more specifically the possible problems with regard to (1) procedural rules concerning the availability of and access to procedures and the powers of courts, (2) the protection of defendants and (3) a change of parties or their rights under substantive law during the course of the proceedings.