Methodology and the challenges of comparative civil procedure

Davoodi, Hosein

Methodology and the challenges of comparative civil procedure

Document Type : Original Article

Author

Hosein Davoodi

Assistance Professor of Private Law Department, Faculty of law and Political Science,, University of Kharazmi, Tehran, Iran

Abstract

Comparative civil procedure is one of the most challenging areas of comparative law. These challenges are rooted in the sovereign, cultural, historical and political nature of this branch. Recognizing these challenges is the issue of this article and it is necessary to see why comparative civil procedure has not been as successful as other branches of comparative law. This article is written in a descriptive-analytical manner. Findings indicate that researchers are forced to oscillate between macro- and micro-comprehension approaches or meso-level analyses. There are challenges such as the dependence of procedural rules on socio-economic contexts, the difficulty of separating rules from cultural contexts, and the limitations in transferring legal institutions in this field. There are fundamental differences in the role and authority of judges, the way in which proceedings are conducted, and even the status of institutions such as juries. Transferring legal institutions to other systems faces serious political, organizational, and cultural obstacles. Successful institutions in one country are not transferable, regardless of the power structure and legal culture of the destination country. Despite the above challenges, the comparative study of civil procedure can have several benefits;

Keywords

Comparative Civil Procedure

Legal Challenges in Comparative Law

Legal

Subjects