Varieties of Social Civil Procedure

doi:10.3790/978-3-428-59210-4

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Löhnig, M. (Ed.) (2025). Varieties of Social Civil Procedure. The Reform of Civil Procedure Law in Central Europe in the Interwar Period. Duncker & Humblot. https://doi.org/10.3790/978-3-428-59210-4

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Varieties of Social Civil Procedure

The Reform of Civil Procedure Law in Central Europe in the Interwar Period

Editors: Löhnig, Martin

Schriften zur Rechtsgeschichte, Vol. 225

(2025)

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Book Details

Publisher Name: Duncker & Humblot
ISBN: 978-3-428-59210-4
978-3-428-19210-6 (print edition)
DOI: https://doi.org/10.3790/978-3-428-59210-4
Edition: 1
Language: English
Pages: 168
Collections: D&H 2025
NBE D&H
NBE RECHT
RECHT 2025
Subjects: Legal history

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Institution: € 106.00 (incl. local VAT if applicable)
Individual: € 69.90 (incl. local VAT if applicable)

Abstract

After the collapse of the state structure in the centre of Europe as a result of the »Great War«, the new nation states often initially adopted the law that had previously applied on their territory. However, they soon sought to create their own legal order by enacting codifications in the central areas of law. The standardisation of national court constitutions and procedural law played a central role in this. Two very different models were available. On the one hand, there was the liberal German ›Reichszivilprozessordnung‹ of 1877, on the other hand, there was the Austrian ›Zivilprozeßordnung‹ of 1895, which established the model of social civil procedure. It was not intended to be a code for Rudolf Ihering’s »struggle for justice«, but to serve »as a state welfare institution« (Franz Klein) and a means of social policy. All Central European countries have embarked on the path towards a social civil process and have broken with the liberal tradition, albeit in very different ways.After the collapse of the state structure in the centre of Europe as a result of the »Great War«, the new nation states often initially adopted the law that had previously applied on their territory. However, they soon sought to create their own legal order by enacting codifications in the central areas of law. The standardisation of national court constitutions and procedural law played a central role in this. Two very different models were available. On the one hand, there was the liberal German ›Reichszivilprozessordnung‹ of 1877, on the other hand, there was the Austrian ›Zivilprozeßordnung‹ of 1895, which established the model of social civil procedure. It was not intended to be a code for Rudolf Ihering’s »struggle for justice«, but to serve »as a state welfare institution« (Franz Klein) and a means of social policy. All Central European countries have embarked on the path towards a social civil process and have broken with the liberal tradition, albeit in very different ways.

Section Title	Page	Action	Price
Martin Löhnig: Civil Procedure Law in Central Europe in the Interwar Period	5
I. Liberal vs. Social Civil Procedure	5
II. Drafts and Reforms in the Interwar Period	5
III. Questions and Answers	6
1. Initial Situation	6
2. Forces and Arguments	7
3. Content	8
Table of Contents	11
Martin Löhnig: Battle Rule or Welfare Institution? German Civil Procedure Law in the Interwar Period	13
I. Starting Point: The Imperial Code of Civil Procedure of 1879	13
II. The Weimar Discourse: Liberal Procedural Law vs. Social Procedural Law	13
III. Reform of German Civil Procedure Law in the Interwar Period	16
1. 1st Reform Commission of the Reich Ministry of Justice	16
2. The Prelude: District Court Amendment and Emergency War Law	17
3. 3rd Emminger Amendment 1924	19
4. 4th ZPO Reform 1933	22
IV. Orality vs. Decision on the Basis of the File	23
1. Legislation	23
2. Science	26
V. Conclusion	29
1. A Constantly Repeating Struggle	29
2. Guiding Principles	30
Kamila Staudigl-Ciechowicz: Civil Procedure Law in Austria in the Interwar Period	33
I. Initial Situation	33
II. Constitutional Premises	36
III. The CCP 1895 and Further Developments in the Interwar Period	39
1. The CCP 1895	39
2. Trends in the Interwar Period	41
3. Excursus: Draft of the Law on Acceleration of Proceedings (Prozeßbeschleunigungsgesetz)	47
4. The CCP 1895: Basic Principles and Selected Characteristics	49
a) Strengthening the Position of the Judge and Social Aspects	49
b) Orality, Immediacy, Publicity	52
c) Procedure versus Settlement	56
d) Compulsory Legal Representation	56
e) Legal Remedy	58
f) Foreclosure	60
IV. Concluding Remarks	63
Eszter Cs. Herger: In the Service of “Truth”. Civil Procedure Law in Hungary in the Interwar Period	65
I. Significance of the Research Topic from a Legal-Theoretical Point of View	65
II. Caesura or Legal Continuity?	66
III. The Sources of Traditional Hungarian Procedural Law in the Central European Context	68
IV. The Modern Hungarian Code of Civil Procedure and its Scientific Evaluation	73
V. Modifications of the Hungarian Code of Civil Procedure in the First Half of the 20th Century	76
VI. Conclusions	82
Anna Stawarska-Rippel: The Phenomenon of Departing from Legal Solutions of Expert Bodies in the Legislative Process – the Polish Interwar Experience. Historical or Current Dilemmas?	85
I. Introduction	85
II. What is to Be Done with the “Old” Law?	86
III. Efficiency, Reliability, and Concentration of Civil Procedural Material in Legal History from the Comparative Perspective	88
1. Obligatory Response to the Statement of Claim and Pre-Trial Proceedings	90
2. Obligation to Tell the Truth, Discretionary Power of a Judge and Beginnings of the So-Called Abuse of Procedural Rights Clause as a Legal Instrument	91
IV. Final Remarks	93
Petra Skřejpková: The Development of Civil Procedure in the Interwar Period	95
I. Introduction	95
II. Triumphant Nation	95
1. Cisleithania	97
2. Transleithania	99
III. On the Threshold of a New Era	100
1. Extra-Contentious Proceedings	101
IV. Preparation of the New Codification	102
1. Procedure for the Preparation of the New Codification and the Codification Commission	102
2. The Content and Structure of the Individual Bills	106
a) The Draft Introductory Law	107
b) The Draft Law on Court Jurisdiction	107
3. Differences in the Draft Code of Civil Procedure	109
a) Part One – General Provisions	109
b) Part Two – Proceedings before District Courts	110
c) Part Three – Proceedings before Regional Courts	110
d) Part Four – Legal Remedies (Appeal)	110
e) Part Six – Special Types of Proceedings	112
f) Part Seven – Proceedings in Matrimonial Matters	112
g) Part Eight – Proceedings to Challenge the Matrimonial Parentage of a Child	112
V. Unification – Newly Adopted Partial Amendments to Civil Procedure	113
VI. Epilogue	115
Mirela Krešić/Dunja Milotić: Civil Procedure Law in Central Europe. Kingdom of Serbs, Croats and Slovenes/Yugoslavia (1918–1941)	117
I. Legal Particularism in Civil Procedure Law	117
II. Drafting the Unified Yugoslav Act on Judicial Proceeding in Civil Litigations	119
1. Coming into Force and Beginning of Application of AJPCL	123
2. Contentious Issues as a Consequence of Different Legal Traditions	125
3. The Linguistic Issue in the Process of Drawing up the Legislative Bill	127
III. Characteristics and Principles of the Yugoslav AJPCL	129
1. The Principle of Hearing Both Parties (audiatur et altera pars)	131
2. The Principle of Free Evaluation of Evidence and Material Truth	133
3. The Principle of Necessary Representation through an Attorney	134
4. The Principle of Disposition	136
5. The Principle of Orality and Directness	138
6. The Open Court Principle	139
7. Unity of Oral Hearing and the Principle of Concentration	140
IV. Conclusion	142
Bibliography	145
List of Authors	167