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Die Rechtsmittel Im Brasilianischen Código de Processo Civil 2015: Eine Rechtsvergleichende Und Entstehungsgeschichtliche Funktionsanalyse
Paperback
Series: Veröffentlichungen Zum Verfahrensrecht
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ISBN13: 9783161639463
Publisher: Mohr Siebeck
Pages: 540
Language: German
Maria-Franziska Jüling provides an overview and introduction to the system of legal remedies (recursos) in Brazilian civil procedure. Her historical analysis places the recent reforms of the Novo Código de Processo Civil (2016) in their historical context. By comparing major lines of legal development in selected European countries, she offers insight into the influence of continental European law. The study spans from ancient Roman law through canon law to the present day and includes developments in Germany, Spain, and Portugal. In doing so, it considers both the constitutional and the procedural context.
The study ultimately demonstrates the strong influence of continental European developments on Brazilian civil procedure law, especially that of Italian procedural scholars and Portuguese law. Despite structural changes, the essential features of the procedimento comum remain recognizable. With regard to modern challenges of civil procedure, such as the use of new technologies and the management of mass litigation, the Brazilian legislature reveals a remarkable openness and forward-looking approach.
Taken together, the various lines of inquiry provide a multidimensional picture of the development of legal remedies under the NCPC. The work serves practitioners as a reference tool for quickly understanding a foreign legal system and offers scholars a starting point for more in-depth research.
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