ABOUT SOME INNOVATIONS AND WEAKNESSES OF PRINCIPLES OF TRANSNATIONAL OF CIVIL PROCEDURE

Document Type : Research Paper

Authors

Assistant Professor of Private Law, School of Law and Political Science, Tehran University

Abstract

Evaluation of the advantages and weaknesses of Principles of
Transnational Civil Procedure, the joint work of the Institute of American
Law and the Institute of Unification of Private Law is the main subject of
this article. The innovations of these Principles such as the cooperation
theory, the distinction between the “Principles” and the “Rules”, the
reasonable speed in addressing the case, providing some reliable sanctions
for the behavior of the parties, providing an obligation for the court to
encourage the parties towards settlement and compromise, a fluent text
regarding the Principles in English and French, and some other linguistic
achievement are very significant in authors point of view. In the other side,
for introducing their probable weakness, the authors have emphasized to
some monopolization in scope of study, the repetition of concepts and
regulations, excessive insist to evidences, lack of generality in some
Principles, using almost vague terminology in some Principles and lack of
harmony between the English and French in versions of the Principles.

Keywords

Law Quarterly
Volume 43, Issue 2 - Serial Number 2
September 2013
Pages 39-58

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