Cross-Border Enforcement in Europe: National and International Perspectives - Softcover

Softcover

ISBN 10: 178068777X ISBN 13: 9781780687773

Publisher: Intersentia Ltd, 2020

Synopsis

The volume addresses the enforcement of judgments and other authentic instruments in a European cross-border context, as well as enforcement in a selection of national European jurisdictions. The volume is divided into two parts. Part I on 'Cross-border Enforcement in Europe' opens with a contribution comparing the European approach in Brussels I Recast with the US experience of enforcement in the context of judicial federalism. This is followed by two contributions concentrating on aspects of Brussels I Recast, specifically the abolition of exequatur and the grounds for refusal of foreign judgments (public order and conflicting decisions). The two concluding texts in this part deal with the cross-border enforcement of notarial deeds and the sister regulation of Brussels I Recast, Brussels II bis (jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility). Part II is devoted to aspects of (cross-border) enforcement in a selection of European states (Poland, the Czech Republic, the Netherlands, Slovenia and the Republic of North Macedonia). The topics discussed include the authorities entrusted with enforcement, judicial assistance and the national rules relevant from the perspective of Brussels I Recast. This book is important for practitioners involved in cross-border enforcement and academics working within an international comparative legal context.

About this title

About the Author

Vesna Rijavec: Full Professor, Institute for Civil, Comparative and International Private Law, Faculty of Law, University of Maribor (Slovenia). Katja Drnovsek: Teaching Assistant, Faculty of Law, University of Maribor (Slovenia). C.H. (Remco) van Rhee is Professor of Comparative Civil Procedure and European Legal History at Maastricht University (Netherlands) and director of the program ''Foundations and Principles of Civil Procedure in Europe'' of the Ius Commune Research School. He studied law at the universities of Leiden and Edinburgh, History at the university of Leuven and Psychology at the university of Leiden. He defended his PhD thesis on early-modern civil procedure at the university of Leiden, where he received his doctorate in 1997.

From the Back Cover

The volume addresses the enforcement of judgments and other authentic instruments in a European cross-border context, as well as enforcement in a selection of national European jurisdictions. The volume is divided into two parts. Part I on ‘Cross-border Enforcement in Europe’ opens with a contribution comparing the European approach in Brussels I Recast with the US experience of enforcement in the context of judicial federalism. This is followed by two contributions concentrating on aspects of Brussels I Recast, specifically the abolition of exequatur and the grounds for refusal of foreign judgments (public order and conflicting decisions). The two concluding texts in this part deal with the cross-border enforcement of notarial deeds and the sister regulation of Brussels I Recast, Brussels II bis (jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility). Part II is devoted to aspects of (cross-border) enforcement in a selection of European states (Poland, the Czech Republic, the Netherlands, Slovenia and the Republic of North Macedonia). The topics discussed include the authorities entrusted with enforcement, judicial assistance and the national rules relevant from the perspective of Brussels I Recast.

This book is important for practitioners involved in cross-border enforcement and academics working within an international comparative legal context.

Edition details

• Publisher: Intersentia Ltd
• Publication date: 2020
• Language: English
• ISBN 10: 178068777X
• ISBN 13: 9781780687773
• Binding: Paperback
• Edition number: 1
• Number of pages: 254
• Editor: Rijavec Vesna, Drnovsek Katja, Van Rhee C.H.