German Civil Justice

by Peter L. Murray, Rolf H. Stürner

Tags: Civil Procedure, Comparative Law

Table of Contents (PDF)

712 pp  $70.00

ISBN 978-1-61163-770-0

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The text of this 2015 paperback version is identical to the original jacketed hardback that was published in 2004.

German Civil Justice is an English-language detailed description and comparative analysis of the legal framework and practical working of the modern German civil justice system. This comprehensive work presents German civil litigation, both procedural law doctrine and actual practice, in terms relevant and understandable to readers mainly familiar with the common-law systems of England and the United States. Authors Murray and Sturner include detailed treatment of the various institutions of civil justice such as courts, judges and lawyers, discussion of the theoretical principles upon which German litigation is conducted, and a step-by-step analysis of German civil procedure, from the filing of suit to revision appeal. The work also includes coverage of specialized institutions of civil justice such as family law procedure, special streamlined warning and check procedures, execution, bankruptcy and arbitration, as well as extended treatment of German civil justice in international matters. The book concludes with a comparative analysis of the salient features of German civil litigation with Anglo-American civil justice institutions and procedures.

German Civil Justice is oriented to lawyers, law professors, and law students who wish to obtain a basic understanding of the workings of the German civil justice system, current law and policy issues of that system, and how the German system compares with systems in Great Britain and the United States. The work contains abundant citations to additional sources for readers who seek more detailed knowledge of individual topics and issues. Chapter 1 of the book contains a brief overview of the system as a whole that is suitable for introductory purposes in courses with some other main focus.

"[T]his book is an outstanding treatise on the German system of civil justice. It fills a long-lasting gap in the judicial literature market because it is the first book in the English language to give a detailed description of the historical, cultural, institutional, and legal framework of civil litigation in Germany, and it is the first book in the English language to give a comprehensive overview of the German law of civil procedure… [T]he book is exceptionally well written and structured in a way that is easliy understandable for English-speaking lawyers." —German Law Journal, March 2005

"[A]n attractive-looking, easy-to-read, and up-to-date book… Murray and Steiner have done their part by helping law professionals from other countries to learn from German experiences despite the language barrier." — Juristen Zeitung, January 2006, translated from German

"At once meticulous, comprehensive, and broad-minded, German Civil Justice is a welcome and valuable addition to the growing body of English-language writing on continental civil procedure in a comparative context. It provides a clear, thorough, and well-documented description of civil procedure in a coutnry which many observers have reasonably argued is among the most successful civil justice systems in the world today." — Civil Justice Quarterly, 2007