Normal view MARC view ISBD view

Rechtsbehelfe gegen Verzg̲erungen in ZPO- und FamFG-Verfahren

By:

Boczek, Lukas [auth]

Material type: Text

TextLanguage: German Publication details: Universitt̃sverlag Gt̲tingen 2023Description: 1 online resourceContent type:

text

Media type:

computer

Carrier type:

online resource

ISBN:

gup2023-2352

Subject(s):

Online resources:

Summary: Legal proceedings need time. On the other hand, the duration of proceedings can have an impact on their outcome and major consequences for the parties. Nevertheless, German procedural law provides parties with little recourses to speed up proceedings in which undue delays have occurred. For proceedings that have an impact on the litigants' family life, this violates article 13 of the ECHR, the European Court of Human Rights decided in its Kuppinger II judgment. As a consequence, legal remedies for the expedition of proceedings have been introduced into the German Act on Proceedings in Family Matters and in Matters of Non-contentious Jurisdiction. This dissertation examines whether the new remedies fulfil the requirements of the ECHR and whether the Basic Law and the Convention require similar remedies in civil proceedings, other family proceedings and in proceedings in matters of non-contentious jurisdiction.

Item type:

Tags from this library: No tags from this library for this title. Log in to add tags.

Average rating: 0.0 (0 votes)

Holdings
Item type	Home library	Collection	Call number	Materials specified	Status	Date due	Barcode
Electronic-Books	OPJGU Sonepat- Campus	E-Books Open Access			Available

Open Access Unrestricted online access star

Legal proceedings need time. On the other hand, the duration of proceedings can have an impact on their outcome and major consequences for the parties. Nevertheless, German procedural law provides parties with little recourses to speed up proceedings in which undue delays have occurred. For proceedings that have an impact on the litigants' family life, this violates article 13 of the ECHR, the European Court of Human Rights decided in its Kuppinger II judgment. As a consequence, legal remedies for the expedition of proceedings have been introduced into the German Act on Proceedings in Family Matters and in Matters of Non-contentious Jurisdiction. This dissertation examines whether the new remedies fulfil the requirements of the ECHR and whether the Basic Law and the Convention require similar remedies in civil proceedings, other family proceedings and in proceedings in matters of non-contentious jurisdiction.