Dan Stausholm Nielsen

• Presentation
• CV

Primary fields of research

My primary research area is civil procedure law.

I am working on a PhD research project with the preliminary title “The party presentation principle and ex officio activity in civil procedure” (in Danish: “Forhandlingsprincip og officialvirksomhed i civilprocessen”). The project concerns Danish judges’ authority and obligation to act ex officio in civil litigation for supporting a substantively correct outcome, including safeguarding public policy. The project is part of the CEPRI research project "Rethinking the role of courts in civil dispute resolution". A fundamental principle in Danish civil litigation is the party presentation principle (forhandlingsprincippet), according to which the parties to the dispute – and not the judge – has the mandate and responsibility of collecting and presenting the evidence, claims and allegations of the case and the judge then renders a decision based on this. However, significant societal interests can call for intervention from the court in certain situations, either by pointing a party’s attention to matters that may be desirable for the party to include, or by ex officio including the matter. The PhD project investigates under which curcimstances the courts are expected to intervene with a particular focus on substantive mandatory law.

Fields of interest

Fields of interest:

• Civil procedure law
• Intellectual property law (in particular copyright law)