The Code of Civil Procedure Related to the Preparation of Trial and Evidentiary Procedure in the Light of the Continental and Common Law Legal Systems

Abstract

Legal systems aim to make their procedures more efficient: simpler, faster and cheaper. In addition to the overburdening of courts with too many cases, the length of proceedings and the high procedural costs are due mainly to the regulation of the evidentiary procedure and the conduct of the parties/legal representatives. The reconsideration of the preparatory stages and the evidentiary procedure, using all possible means to increase their efficiency, may remedy these problems. In terms of their influence on the Hungarian civil procedure, from the European continental legal systems it is the German and Latin legal families which are of primary relevance, while the other significant influence is that of the socialist legal system. Nevertheless, through our accession to the European Union and mainly as a result of the harmonization of laws, the influence of the common law legal system is becoming more and more prevalent. However, what makes this topic timely is the adoption of the new Hungarian Code of Civil Procedure, particularly the impact of common law on the rules of the preparatory stages and the evidentiary procedure under the Hungarian civil procedure, which has continental European legal roots and Soviet-socialist features. The present study examines the elements of the preparatory stages of the trial and evidentiary procedure comparing the continental European legal system and common law legal systems based on US, England and Wales examples and highlighting similarities and differences, with the aim to give an overview of the new Hungarian Code of Civil Procedure.