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Remedies Concerning Enforcement of Foreign Judgements: Brussels I Recast

Remedies Concerning Enforcement of Foreign Judgements: Brussels I Recast

Author: Vesna Rijavec; Wendy Kennett; Tomaž Keresteš; Tjaša Ivanc
Publisher: Kluwer Law International
ISBN: 9789041194169
Published In: September 2018
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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Remedies Concerning Enforcement of Foreign Judgements According to Brussels I Recast addresses the most urgent questions related to the remedies against foreign judgments in cross-border enforcement under Brussels I Recast. (Regulation No 1215/2012 on the recognition and enforcement of judgments in civil and commercial matters.) Brussels I Recast is intended to simplify and expedite cross-border enforcement of debts. However, some existing issues remain unresolved, and new ones have already been identified since the Regulation entered into force in 2015. This collection of expert essays, the first book to focus systematically and comprehensively on remedies in the light of Brussels I Recast, examines inherent problems and includes practical hypothetical cases illustrating major issues and how they may be resolved. The in-depth analyses conducted by the contributors clearly define serious obstacles and propose solutions that will lead to better implementation of Brussels I Recast, better protection of party’s rights, and further harmonization in this field of civil justice.

What’s in this book:
The aspects covered by the contributors – all well-known academics, lawyers, and judges from different EU Member States – include the following:

grounds for refusal of recognition and enforcement;
certification of enforceability and timely service of the certificate;
adaptation of enforcement measures that are determined in the judgment but are not known in the Member State of enforcement;
effect of requesting a translation of the judgment;
financial implications of remedies; and
provisional measures and their role in a timely protection of rights.

Because the success of Brussels I Recast depends on a very unpredictable implementation into national systems, the extent to which national barriers represent obstacles to fair and efficient judicial protection is thoroughly analysed. A very useful concluding chapter presents practical cases highlighting the most important, as well as problematic, issues concerning enforcement of foreign judgments.

How this will help you:
As a discussion on the implementation of recently adopted Brussels I Recast, its implications, obstacles to successful use, and possible measures, this book helps the readers deal with conflicting or unknown foreign provisions confidently. Thus this book serves as a guide to multinational enterprises, EU and Member State legislators, enforcement agencies, and academics to help them gain information on good practices that could be universally implemented to facilitate better and more efficient judicial cooperation in civil matters in the EU.

Editors

Contributors

CHAPTER 1
Introductory Chapter
Tjaša Ivanc

CHAPTER 2
Recognition and Enforcement of Foreign Judgments: From Brussels Convention to Regulation Brussels I Recast
Nadežda Rozehnalová, Jirí Valdhans & Tereza Kyselovská

CHAPTER 3
The Concepts of Recognition and Enforcement: Bees in the European Bonnet
Marie Linton

CHAPTER 4
National Enforcement Titles: A Comparative German Perspective
Christian Wolf & Luisa Volkhausen

CHAPTER 5
Some Open Issues in Determining the Scope of Enforcement Titles in Brussels I Recast
Jorg Sladic

CHAPTER 6
Certification of Enforceability in Member State of Origin: Service of Certificate
Darius Bolzanas, Egidija Tamošiuniene, Dalia Vasariene & Remigijus Jokubauskas

CHAPTER 7
Provisional Measures
Olivera Boskovic

CHAPTER 8
Adaptation Measures: Articles 54–55 Brussels I Recast
Wendy Kennett

CHAPTER 9
Remedies
Andrea Giussani

CHAPTER 10
Grounds for Refusal of Recognition and Enforcement in the Brussels I Recast
Tomaž Keresteš & Martina Repas

CHAPTER 11
Financial Implications of Remedies Against Foreign Enforcement Titles and Linguistic Issues under Brussels I Recast
Katja Drnovšek

CHAPTER 12
Brussels I Recast: General Context of Enforcement Systems
Wendy Kennett

CHAPTER 13
Different National Enforcement Structures and Their Consequences for Cross-Border Enforcement
Wendy Kennett

CHAPTER 14
Final Assessment of Effecting and Protecting Rights in Cross-Border Enforcement of Monetary Claims under Brussels I Recast
Vesna Rijavec

CHAPTER 15
Practical Cases: Enforcement of Foreign Judgments Pursuant to the Brussels I Recast
Aleš Galic

Index