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Diversity of Enforcement Titles in the EU

Diversity of Enforcement Titles in the EU

Author: Vesna Rijavec; Wendy Kennett; Tomaž Keresteš; Tjaša Ivanc
Publisher: Springer International
ISBN: 9783031471070
Published In: December 2023
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,994.87

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Description
Contents

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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.

Part I: General Considerations and Classification of Enforcement Titles

Enforcement Titles under Brussels I bis Regulation from National to EU Frameworks.- Enforcement titles in the EU: Common Core After All?

Part II: Judgment.- Types of Judgments According to Different Criteria

Is a Judgment Always a Judgment? A Dutch-Belgian Comparative Perspective.- Comparative View on the Divergence of Structure and Substance of Judgements.- Comparative Issues Concerning the Determination of Interest

Part III: Effects of Judgments

Effects of Judgments in Cross-Border Perspective.- Searching for Res Judicata at the Edges of National Procedural Autonomy.- The Effects of Judgments and Court Settlements in Cross-border Collective Redress and the Brussels I bis Regulation: Houston, We Have a Problem!.-Enforceability and Enforcement Appeals - Continental Law.- Pendency Rules.- Related Actions.- Provisional Measures with a Cross-Border Element: Their Issuance, Co-existence, Recognition, and Enforcement

Part IV: Court Settlements and Authentic Instruments

The European Dimension of Court Settlements: Open Issues and Regulatory Needs.- Authentic Instruments

Part V: Other Cross-Border Considerations

Due Process and Cross-Border Enforcement in Lithuania and Portugal.- Recognition and Enforcement of EU Enforcement Titles in Albania as '3rd Country' and Vice-Versa