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This study provides a comparative overview of how domestic service of judical and extra-judical documents is effected ….g.. initiator, executor and addressee of service), the analysis of available methods of service (personal, substituted, by post …, remedies and cure of defective service. The study also includes some questions of cross-border or transnational service. The …
Persistent link: https://www.econbiz.de/10011799436
The purpose of this study was to collect data on the functioning of the EU Member States’ national judicial systems when enforcing judicial decisions in civil and commercial matters. Data on the length of enforcement proceedings is difficult to collect as Member States seldom collect this...
Persistent link: https://www.econbiz.de/10011624864
This report examines the background to EU rules on the burden of proof, the development of principles laid down in the case law of the Court of Justice of the European Union (CJEU) and their application to the Racial and Employment Equality Directives in proceedings before civil and labour...
Persistent link: https://www.econbiz.de/10011624859
An important question in the economic study of enforcement is the appropriate, and the actual, division of responsibilities between public and private enforcers. This question has been brought into sharp focus recently by an article in which Gary Becker and George Stigler advocate the...
Persistent link: https://www.econbiz.de/10012479061
The efficiency of common law rules is central to achieving efficient resource allocation in a market economy. While many theories suggest reasons why judge-made law should tend toward efficient rules, the question whether the common law actually does converge in commercial areas has remained...
Persistent link: https://www.econbiz.de/10012464791
In this essay, we discuss empirical research on the economic effects of the civil justice system. We discuss research on the effects of three substantive bodies of law- contracts, torts, and property- and research on the effects of the litigation process. We begin with a review of studies of...
Persistent link: https://www.econbiz.de/10012467864
The controversies surrounding gun control policies have recently moved to the forefront of public's attention in the United States and elsewhere. Since 2005, eighteen states in the United States have passed laws extending the right to self-defense with no duty to retreat to any place a person...
Persistent link: https://www.econbiz.de/10012460473
From 2000 to 2010, more than 20 states passed laws that make it easier to use lethal force in self-defense. Elements of these laws include removing the duty to retreat in places outside of one's home, adding a presumption of reasonable belief of imminent harm, and removing civil liability for...
Persistent link: https://www.econbiz.de/10012460525
Despite the growing need for surrogate decision-making for older adults, little is known about how surrogates make decisions and whether advance directives would change decision-making. We conducted a nationally representative experimental survey that cross-randomized cognitive impairment,...
Persistent link: https://www.econbiz.de/10014486208
The Practice Guide intends to give an overview of the relevant current legal provisions (including case law) on matters of private international law and posting in the area of employment contracts to assist practitioners . This Guide is not intended to be legally authoritative, nor does it...
Persistent link: https://www.econbiz.de/10011799431