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Chambers | Litigation Global Practice 2024 Guide

The 2024 Litigation Global Practice Guide features 70 jurisdictions. It provides the latest legal information on litigation funding, initiating a lawsuit, pre-trial proceedings, discovery, injunctive relief, trials and hearings, settlement, damages and judgment, appeals, costs, and alternative dispute resolution (ADR), including arbitration.

Law and Practice

 1. General

 1.1 General Characteristics of the Legal System

The Luxembourg legal system is governed by the Constitution of the Grand Duchy of Luxembourg, promulgated on 17 October 1868, and functions as a parliamentary democracy. It embodies the principle of separation of powers among the executive, legislative, and judicial branches.

The Luxembourg system of law is based on civil law.

The Luxembourg civil procedure system is a mixed system, combining elements of adversarial and inquisitorial systems. Parties are free to initiate and shape the proceedings with their claims and defences, and they bear the burden of proving their claims. However, the courts play a role in directing the proceedings and gathering
evidence, as needed. If the parties do not reconcile, the court will rule on the dispute by
applying the relevant laws. 

Read more in the Law and Practice Luxembourg chapter of the Chambers Litigation 2024 Guide.

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