KDEC 2130 - Comparative Civil Procedure

This course offers an introduction to comparative civil procedure, focusing on how different jurisdictions administer civil justice. Through a comparative lens, students will explore the structure of courts, sources of procedural law, and the key stages of civil litigation — from pleadings and evidence to judgments, appeals, and enforcement. The analysis will also encompass related areas such as the interaction between arbitration and state courts, collective litigation mechanisms, judicial review, and the economic analysis of litigation. By the end of the course, students are expected to have developed a foundational understanding of both the diversity and convergence of procedural systems across jurisdictions, as well as the analytical tools to critically assess and compare their operation in national and international contexts. Class sessions : Session 1: Introduction: comparative law and comparative civil procedure (04/09/2025); Session 2: Sources of law and court structure (11/09/2025); Session 3: Pleadings (25/09/2025); Session 4: Evidence (02/10/2025); Session 5: Judgments and remedies (09/10/2025); Session 6: Appeals and other forms of post-trial attacks on judgments (16/10/2025); Session 7: Written exam (23/10/2025); Session 8: Enforcement (06/11/2025); Session 9: Arbitration and state courts (13/11/2025); Session 10: Collective litigation (20/11/2025); Session 11: Judicial review (24/11/2025); Session 12: Concluding session (27/11/2025);
Renato BENEDUZI
Séminaire
English
Autumn 2025-2026
Mid-term written exam (40%) final essay (60%)
Geoffrey Samuel. An Introduction to Comparative Law Theory and Method, 2014.
Margareth Woo et Cornelis van Rhee. Comparative Civil Procedure, 2025.
Comparative Procedural Law and Justice (https://www.cplj.org)
Renato Beneduzi, Equity in the civil law tradition, 2021.
Konrad Zweigert et Hein Kötz, An introduction to comparative law, 3rd ed., 1998.
Mirjan Damaskas, The Faces of Justice and State Authority: a comparative approach to the legal process, 1991.
Adrian Zuckerman, Civil Justice in Crisis: Comparative Perspectives of Civil Procedure, 2009.