Fundamental Principles and Rules of Transnational Civil Proceedings (Published)
The ALI / UNIDROIT Joint Project “Cross-Border Procedures and Principles” aims to combine the approaches of the continental and common law systems to judicial and extrajudicial cases in the commercial and civil fields. The overall purpose of drafting a “soft law” union of civil procedure rules under the continental and common law system was preceded by Marcel S. in 1994 in his innovative project in Europe based on the combination between the two systems and the experience respective of each of them. The principles of ALI / UNIDROIT provide a balanced distillation of best practices, especially in the area of cross-border trade justice issues. The difficulty of overall harmonization of the civil procedure lies precisely in the differences, but it should be noted that all civil procedural systems have their similarities. Reducing changes in legal systems is the harmonization of laws. Some of the similarities relate to rules of jurisdiction, notification and recognition of decisions. Rules for drafting a claim are more or less the same as regards parties, competencies, time and factual evaluation.
Keywords: ALI / UNIDROIT, Civil Proceedings, Fundamental Principles, Rules of Transnational