ABSTRACT

Civil procedure is concerned with the declaration of rights as between private individuals and, if necessary, their enforcement. In modern civilian systems, the law of procedure has been separated from the substantive law with which it is concerned, and in the area of private law, this is accomplished by the compilation of a separate code of civil procedure distinct from the substantive law contained in the civil code. Despite resistance in some parts of Germany, notably in Saxony, there was a substantial welcome for the new learning in civil and canon law which was introduced from south of the Alps. The Romano-canonical procedure became well-known in Germany through the presence of the ecclesiastical courts. Knowledge of the Romano-canonical procedure was received into France as early as it was in Germany, and its progress in the secular courts, particularly those of the king, was considerably more rapid.