Law
Madeleine Tolani
Parteiherrschaft und Richtermacht
Die Verhandlungs- und die Dispositionsmaxime im Lichte divergierender Prozessmodelle
[Party Control and the Power of Judges. The Principles of Party Initiative and Party Disposition in Light of Divergent Procedural Models.]
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Published in German.
Madeleine Tolani deals with the balance of power between parties and judges, focusing on the principle of party control over the scope and nature of proceedings and the proof of facts. The author frames a concept for an adversarial liberal civil proceeding which is fundamentally determined by the parties and their lawyers.