Grenzen verfahrensrechtlicher Gestaltung

Civil procedure is a state instrument for ensuring claims under private law are binding. Its nature as a general dispute resolution mechanism argues in favour of standardisation - its function, however, suggests a stronger emphasis on the interests of the parties. The assessment of admissible procedural design is therefore always left to (case-by-case) consideration. Meik Thoene's study enters the tension-laden fray to seek clarity and harmony between the imperatives and limits of the current system's requirements.