| Description |
1 online resource (xii, 401 pages) : illustrations |
| Series |
Ius gentium, 2214-9902 ; volume 111 |
|
Ius gentium (Dordrecht, Netherlands) ; v. 111. 2214-9902
|
| Contents |
Part I: General Considerations and Classification of Enforcement Titles -- Enforcement Titles under Brussels I bis Regulation from National to EU Frameworks / Vesna Rijavec -- Enforcement titles in the EU : Common Core After All? / José Carmelo Gomes and Tomaž Keresteš -- Part II: Judgment -- Types of Judgments According to Different Criteria / Eric Bylander and Marie Linton -- Is a Judgment Always a Judgment? : A Dutch-Belgian Comparative Perspective / Marielène Wertenbrock and Marta Pertegás Sender -- Comparative View on the Divergence of Structure and Substance of Judgements / Katja Drnovšek -- Comparative Issues Concerning the Determination of Interest / Maria Dymitruk and Maria Kaczorowska -- Part III: Effects of Judgments -- Effects of Judgments in Cross-Border Perspective / Wendy Kennett -- Searching for Res Judicata at the Edges of National Procedural Autonomy / Denis Baghrizabehi -- The Effects of Judgments and Court Settlements in Cross-border Collective Redress and the Brussels I bis Regulation : Houston, We Have a Problem! / Jerca Kramberger Škerl -- Enforceability and Enforcement Appeals : Continental Law / Bettina Nunner-Krautgasser -- Pendency Rules / Vesna Rijavec -- Related Actions / Denis Baghrizabehi and Tjaša Ivanc -- Provisional Measures with a Cross-Border Element : Their Issuance, Co-existence, Recognition, and Enforcement / Neža Pogorelčnik Vogrinc -- Part IV: Court Settlements and Authentic Instruments -- The European Dimension of Court Settlements : Open Issues and Regulatory Needs / Philipp Anzenberger -- Authentic Instruments / Piotr Rodziewicz -- Part V: Other Cross-Border Considerations -- Due Process and Cross-Border Enforcement in Lithuania and Portugal Eugénio Pereira Lucas, Mykolas Kirkutis, Dalia Višinskytė, Remigijus Jokubauskas, and Darius Bolzanas -- Recognition and Enforcement of EU Enforcement Titles in Albania as '3rd Country' and Vice-Versa / Flutura Kola Tafaj |
| Summary |
This book examines the diversity of enforcement titles in cross-border debt collection, focusing on the types, structure, contents and effects of enforcement titles. It offers a comprehensive overview of judgments, court settlements and authentic instruments from a variety of EU Member States. It primarily employs the comparative legal method to draw conclusions on commonalities and differences, as well as prospects for future approximation of laws. The premise of the research is rooted in the finding that national authorities of EU Member States continue to treat enforcement titles from other Member States with reservations and mistrust despite being committed to the principle of mutual trust. The book identifies the issues of mistrust stemming from the diversity of enforcement titles. The research is based on a rich database of national reports compiled during the course of several large-scale EU Justice Projects. Divided into five parts, the book offers first some general considerations and presents attempts at a systemisation of enforcement titles. The following parts are then devoted to more specialised approaches toward the different types of enforcement titles. However, the connecting line between all parts of the book are the considerations of cross-border enforcement in the EU (and in a limited manner with third States). Herein, research also addresses critical factors regarding the free movement of judgments in the EU, including those of lis pendens and related actions. This book provides a valuable contribution to the Theory of European Civil Procedure. Since it is based on a comparative approach and employs both empirical and doctrinal viewpoints, it should also greatly benefit practitioners involved in cross-border dispute resolution. Overall, the findings should be of interest to a broad audience, including policymakers, judges, practitioners and scholars |
| Notes |
Online resource; title from PDF title page (SpringerLink, viewed January 8, 2024) |
| Subject |
European Parliament. Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
|
|
Collection laws -- European Union countries
|
|
Judgments, Foreign -- European Union countries
|
|
Judicial assistance -- European Union countries
|
|
Debtor and creditor -- European Union countries
|
|
Enforcement measures (International law)
|
| Form |
Electronic book
|
| Author |
Rijavec, Vesna, editor.
|
|
Kennett, W. A. (Wendy A.), editor.
|
|
Keresteš, Tomaž, editor.
|
|
Ivanc, Tjaša, editor.
|
| ISBN |
9783031471087 |
|
3031471083 |
|
