oa Comparative and International Law Journal of Southern Africa - The fundamental principles of the law of civil procedure



This article contributes to comparative research on the principles of the law of civil procedure with reference to Swiss law. Research has revealed that the burning questions relating to the subject of this article do not present themselves in the same way and with the same importance in every country. Moreover, the perspective of each national legal system is different and, naturally, the scientific interests of each reporter are not identical. For these reasons and to ensure a manageable volume the author chose two major groups of problems common to the national laws studied: I) Substantive law, civil procedure and the constitutional system; II) The principle of procedural justice: a fair trial (" Veifahrensgerechtigkeit") as guarantee of a just and equitable judgment. These two major subjects are in keeping with the theme: the humanisation of the law of civil procedure - which has been the aim, in the context of their times, of all the legal systems in our history worthy of the name of Hammurabi onwards, and which is therefore no modern innovation.


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