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Complaint (in the draft of Code of Civil Procedure)

Publication at Faculty of Law |
2018

Abstract

Following the introduction of the draft of the new Civil Procedure Code, the conference contribution explains the institute of complaint, both from the point of view of historical development and from the point of view of legal comparison across Europe. Particular attention is paid to terminological issues, because the Code of Civil Procedure of 1895 distinguished between a complaint and a recourse, but this is not a matter of fact for the new draft.

This results in some terminological uncertainties in the draft, and so the author presents various options for their solution.