This research involves the timeless question regarding the effective improvement of access to justice. The problems pertaining to access to justice, especially in respect of litigation, have been experienced and exposed in several jurisdictions across the world and has become known as the battle against costs, delays and complexities. The goal shared by most jurisdictions is to give all individuals the right to have his or her legal dispute resolved by a judicial entity at a proportionate cost and in a reasonable time. South African authors have made several suggestions in respect of reforming civil procedure in order to combat the problems identified above, to reduce the backlog in our courts and, ultimately, to enhance access to justice for all. This research aims to find solutions by investigating different categories of civil procedural reform and by identifying which categories could serve as beneficial and prospective reforms for South African civil procedure. Accordingly, trends in civil procedural reform in Continental Europe and England will be investigated. Three countries have been identified for comparative analysis: England, the Netherlands and Belgium. Within each of these countries two trends have been identified, namely (1) case management, pretrial protocols and the distribution of powers between parties and judges; and (2) digitalisation, modernisation and computerization of procedural rules. A chapter will be allocated to each trend, briefly describing the manner in which the procedure functions and its recent development, comparing and contrasting the situation with the South African position. In conclusion, it will be considered in what way South African jurisprudence could benefit from the comparative analysis and identified reforms. The new developments in South African civil procedure relating to the specific categories of trends will further be investigated and discussed. / Mini-Dissertation (LLM)--University of Pretoria, 2019. / Procedural Law / LLM / Restricted

Univ., Diss.--Göttingen, 2006.

Thesis (doctoral)--Universität, Passau, 2008. / Includes bibliographical references (p. [151]-158) and index.

Thesis (Ph. D.)--University of Texas at Austin, 1998. / Vita. Includes bibliographical references (leaves 179-186). Available also in a digital version from Dissertation Abstracts.

Habilitationsschrift - Munich, 1967. / Bibliography: p. [xvi]-xix.

Univ., Diss.--Paris II, 1999. / Bibliogr. S. [437] - 471.

Much academic literature regarding how judges interpret and apply civil procedure rules is based on speculation about human behaviour and legal practitioners’ personal intuition. I seek to apply cognitive psychology research to a number of procedural arrangements in order to create a more accurate picture of the decision-making processes of judges in our civil justice system. My project investigates the implications of findings derived from empirical behavioural psychology for legal reasoning and practice. The thesis is divided into three main parts. The first two parts address different cognitive effects that influence judicial decision making in the course of civil litigation: cognitive overload in relation to ‘Laundry List’ rules and confirmation bias in relation to interim remedies. Finally, the third part speaks to the general question of judicial intuition and serves as a link between the first two parts of the dissertation.

The diploma thesis Electronization of civil procedure is devoted to the implementation of the information technologies and institutes of the electronic justice to the Czech civil procedure, mainly to the discovery, executive and arbitrage proceedings. It provides an objective and complex overview of the evolution of these institutes, relations between them, practical problems in the daily use and possible future development. The largest chapter concerns the institutes common to all kinds of civil proceedings, such as acts executed by court (e.g. logging, pleadings, and delivery), acts made by parties (e.g. submissions), evidence and judgment. The course of the discovery proceeding taking into account the electronization is explained in the second chapter. The third one does the same for the executive proceeding. The penultimate chapter is devoted to the arbitrage and mainly to the Online Dispute Resolution. The thesis is ended with the conclusion which summarises the findings (uncoordinated process of adoption, defects in the everyday use, disunited and unlinked user environments) and gives a possible solution to the defects and the disunited user experience of the institutes of electronic justice that has been adopted during the last decade.

This diploma thesis gives comprehensive view of several kinds of civil procedure, whereas it aims for characteristic of their main elements (f.e. principles, participants, kinds of verdicts). By this characteristics the diploma thesis interfers with some problems and questions, which are not solved by legislation. Therefore there is a target to find the answers to these questions with the help of legal and judicial experiences. There are actual questions nowdays, which evoke the law form of concentration of proceedings. We can divide the civil proceses by seven categories. I follow also the partial targets by some category. Within the frame of characteristic of undisputed procedure I compare this procedure with the target to find the fundamental differences between these civil-procedural types of proceedings. In the chapters devoted to execution and insolvence procedure, I especially focus in definition of premises, for which the proceedings can be execute. The attention is devoted to position of creditors from the angle of exercitation and satisfaction their outstanding debts in insolvence proceedings. At the close of diploma thesis I try to draw near law-suits, which can be a subject of arbitration procedure.

Thesis--Cologne. / Vita. Includes bibliographical references (p. 3-5).