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oapen-20.500.12657-634482024-03-28T08:18:58Z Rechtsbehelfe gegen Verzögerungen in ZPO- und FamFG-Verfahren Boczek, Lukas law proceedings duration legal remedies for expedition ECHR German law thema EDItEUR::L Law Legal proceedings need time. On the other hand, the duration of proceedings can have an impact on their outcome and major consequences for the parties. Nevertheless, German procedural law provides parties with little recourses to speed up proceedings in which undue delays have occurred. For proceedings that have an impact on the litigants’ family life, this violates article 13 of the ECHR, the European Court of Human Rights decided in its Kuppinger II judgment. As a consequence, legal remedies for the expedition of proceedings have been introduced into the German Act on Proceedings in Family Matters and in Matters of Non-contentious Jurisdiction. This dissertation examines whether the new remedies fulfil the requirements of the ECHR and whether the Basic Law and the Convention require similar remedies in civil proceedings, other family proceedings and in proceedings in matters of non-contentious jurisdiction. 2023-06-14T04:30:48Z 2023-06-14T04:30:48Z 2023 book https://library.oapen.org/handle/20.500.12657/63448 ger application/pdf Attribution-ShareAlike 4.0 International boczek_diss.pdf Universitätsverlag Göttingen 10.17875/gup2023-2352 10.17875/gup2023-2352 ffaff15c-73ed-45cd-8be1-56a881b51f62 open access
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OAPEN
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DSpace
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German
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Legal proceedings need time. On the other hand, the duration of proceedings can have an impact on their outcome and major consequences for the parties. Nevertheless, German procedural law provides parties with little recourses to speed up proceedings in which undue delays have occurred. For proceedings that have an impact on the litigants’ family life, this violates article 13 of the ECHR, the European Court of Human Rights decided in its Kuppinger II judgment. As a consequence, legal remedies for the expedition of proceedings have been introduced into the German Act on Proceedings in Family Matters and in Matters of Non-contentious Jurisdiction. This dissertation examines whether the new remedies fulfil the requirements of the ECHR and whether the Basic Law and the Convention require similar remedies in civil proceedings, other family proceedings and in proceedings in matters of non-contentious jurisdiction.
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boczek_diss.pdf
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boczek_diss.pdf
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boczek_diss.pdf
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| title_full |
boczek_diss.pdf
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| title_fullStr |
boczek_diss.pdf
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boczek_diss.pdf
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| title_sort |
boczek_diss.pdf
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| publisher |
Universitätsverlag Göttingen
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| publishDate |
2023
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| _version_ |
1799945275446394880
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