DIFFERENCES BETWEEN CIVIL PROCEDURE IN THE CIVIL LAW AND COMMON LAW SYSTEM AND FIRST STEPS FOR THEIR HARMONIZATION

Abstract

Each state creates its own civil procedural law, in accordance with the principle of national procedural autonomy. Although in principle this is so, if we analyze the civil procedures of the national legal systems on a macro level, it is undeniable that there are great differences between the civil procedure of the civil law system and the civil procedure of the common law system. Precisely because of this, the subject of analysis of this paper are the basic differences between the civil procedure of the civil law system and in the common law system.

By observing the civil procedures at the macro level, the authors of this paper aim to prove that despite the differences there is a need and possibility for their harmonization. The real proof of this is the joint project of the European Law Institute, the American Law Institute and UNIDROIT for the harmonization of civil procedures through the creation of transnational principles and rules for civil procedures.