De procesovereenkomst
Einde inhoudsopgave
De procesovereenkomst (BPP nr. XIII) 2012/13.1:13.1 Introduction
De procesovereenkomst (BPP nr. XIII) 2012/13.1
13.1 Introduction
Documentgegevens:
M.W. Knigge, datum 24-10-2012
- Datum
24-10-2012
- Auteur
M.W. Knigge
- JCDI
JCDI:ADS391844:1
- Vakgebied(en)
Burgerlijk procesrecht (V)
Deze functie is alleen te gebruiken als je bent ingelogd.
In this dissertation the agreement as to proceedings is the central point. By means of an agreement as to proceedings, parties diverge from procedural law. It is relevant to conduct research into agreements as to proceedings, as they may contribute to a swift and efficient course of the civil proceedings. In addition, research into these agree-ments can result in a better insight into the question about the control over the proceedings. Who ultimately has the right to determine the course of affairs during the proceedings? Is it the parties, whose substantive rights are at issue, or is it the government, which makes the civil proceedings available?
Three main questions are to be distinguished in this research. Firstly, the admissi-bility of agreements as to proceedings has been examined. To what extent can parties validly conclude an agreement as to proceedings or derogate from procedural law by means of mutually attuned statements or behaviours? Secondly, the effect of agree-ments as to proceedings has been examined. What are the consequences of an agreement as to proceedings concluded by parties? Finally, it has been investigated what rules are applicable to such agreements.