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Diversity of enforcement titles in the EU

Record Type:	Electronic resources : Monograph/item
Title/Author:	Diversity of enforcement titles in the EUedited by Vesna Rijavec ... [et al.].
other author:	Rijavec, Vesna.
Published:	Cham :Springer International Publishing :2023.
Description:	xii, 401 p. :ill., digital ;24 cm.
Contained By:	Springer Nature eBook
Subject:	Collection lawsEuropean Union countries.
Online resource:	https://doi.org/10.1007/978-3-031-47108-7
ISBN:	9783031471087$q(electronic bk.)

Diversity of enforcement titles in the EU
Diversity of enforcement titles in the EU[electronic resource] /edited by Vesna Rijavec ... [et al.]. - Cham :Springer International Publishing :2023. - xii, 401 p. :ill., digital ;24 cm. - Ius gentium: comparative perspectives on law and justice,v. 1112214-9902 ;. - Ius gentium: comparative perspectives on law and justice ;v.10..

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.

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.

ISBN: 9783031471087$q(electronic bk.)

Standard No.: 10.1007/978-3-031-47108-7doiSubjects--Corporate Names:

268967
European Parliament.
Subjects--Topical Terms:

963905
Collection laws
--European Union countries.

LC Class. No.: KJE4170

Dewey Class. No.: 346.4077

Diversity of enforcement titles in the EU
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490 1 $a Ius gentium: comparative perspectives on law and justice, $x 2214-9902 ; $v v. 111
505 0 $a 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.
520 $a 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.
610 2 0 $a European Parliament. $3 268967
650 0 $a Collection laws $z European Union countries. $3 963905
650 0 $a Judgments, Foreign $z European Union countries. $3 490451
650 0 $a Judicial assistance $z European Union countries. $3 694236
650 0 $a Debtor and creditor $z European Union countries. $3 963906
650 0 $a Enforcement measures (International law) $3 963907
650 1 4 $a Private International Law, International and Foreign Law, Comparative Law. $3 913280
650 2 4 $a European Law. $3 558717
700 1 $a Rijavec, Vesna. $3 963904
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830 0 $a Ius gentium: comparative perspectives on law and justice ; $v v.10. $3 557755
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950 $a Law and Criminology (SpringerNature-41177)