JOURNAL ARTICLE
The approach of the Model Rules to access to information and evidence.
Published In: Uniform Law Review, 2025, v. 30, n. 1. P. 33 1 of 3
Database: Legal Source 2 of 3
Authored By: Inchausti, Fernando Gascón 3 of 3
Abstract
The article examines the Model European Rules of Civil Procedure (MERCP), developed by the European Law Institute (ELI) and the International Institute for the Unification of Private Law (Unidroit), focusing on their comprehensive framework for access to information and evidence in civil proceedings. The MERCP aim to modernize and harmonize civil procedural law across European jurisdictions by establishing general principles, promoting best practices in evidence management, creating a unified "European way to discovery," and addressing key issues related to various types of evidence. Emphasizing party cooperation, proportionality, privileges, fair play, and standards of proof, the Rules provide courts with active case management powers while respecting procedural cultures and allowing flexibility for national legislators. The MERCP serve as a soft law model designed to guide legislators in adapting their civil procedure systems to contemporary challenges, including technological advances and evolving dispute resolution practices.
Additional Information
- Source:Uniform Law Review. 2025/03, Vol. 30, Issue 1, p33
- Document Type:Article
- Subject Area:Law
- Publication Date:2025
- ISSN:11243694
- DOI:10.1093/ulr/unaf013
- Accession Number:186054501
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