Remedies Concerning Enforcement Of Foreign Judgements
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Remedies Concerning Enforcement Of Foreign Judgements
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Author : Vesna Rijavec
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2018-09-14
Remedies Concerning Enforcement Of Foreign Judgements written by Vesna Rijavec and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-14 with Law categories.
Brussels I Recast (Regulation No 1215/2012 on the recognition and enforcement of judgments in civil and commercial matters) is intended to simplify and expedite cross-border enforcement of debts. However, some existing issues remain unresolved, and new ones have already been identi?ed since the Regulation entered into force in 2015. This collection of expert essays, the ?rst book to focus systematically and comprehensively on the area of remedies in the light of Brussels I Recast, offers detailed analyses of inherent problems and includes practical hypothetical cases illustrating major issues and how they may be resolved. 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; – certi?cation of enforceability and timely service of the certi?cate; – 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; – ?nancial 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 ef?cient judicial protection is thoroughly examined. A very useful concluding chapter presents practical cases highlighting the most important, as well as problematic, issues concerning enforcement of foreign judgments. The in-depth analyses conducted by the contributors clearly de?ne serious obstacles and propose solutions that will lead to better implementation of Brussels I Recast, better protection of party's rights, and further harmonisation in this ?eld of civil justice. This book is sure to be of exceptional value to counsel for multinational enterprises, EU and Member State legislators, enforcement agencies, and academics worldwide.
Remedies Concerning Enforcement Of Foreign Judgements
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Author : Vesna Rijavec
language : en
Publisher: Kluwer Law International
Release Date : 2018
Remedies Concerning Enforcement Of Foreign Judgements written by Vesna Rijavec and has been published by Kluwer Law International this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.
About this book: 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.
Civil Jurisdiction And Judgments
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Author : Adrian Briggs
language : en
Publisher: CRC Press
Release Date : 2015-06-12
Civil Jurisdiction And Judgments written by Adrian Briggs and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-12 with Law categories.
Now in a fully updated sixth edition, this book is an established treatise in the field of civil jurisdiction and judgments. It states, analyses, illuminates and evaluates the law of civil jurisdiction and the enforcement of foreign judgments in English law, with this new edition taking into account the implications of the new Brussels I Regulation recast, Regulation (EU) 1215/2012, as well as the great number of developments in the case law which have taken place since 2009. This book looks in detail at the jurisdictional rules put in place by the (recast) Brussels I Regulation the common law rules of jurisdiction the principles according to which that jurisdiction will or will not be exercised the extent to which proceedings before a foreign court may be assisted or impeded obtaining interim and interlocutory relief recognition and enforcement of foreign judgments This text is an authoritative and comprehensive reference for all legal professionals working in commercial law across jurisdictions.
The Brussels I Bis Regulation
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Author : Vesna Lazic Lazić
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-08-14
The Brussels I Bis Regulation written by Vesna Lazic Lazić and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-14 with Law categories.
The Brussels I-bis Regulation remains the most significant legal instrument for procedural law in the EU, providing the cornerstone for questions of international jurisdiction and enforcement of judgments in civil and commercial matters. This authoritative book provides a thorough and practical analysis of the Regulation, with particular focus on its interpretation and application.
Private International Law In Commonwealth Africa
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Author : Richard Frimpong Oppong
language : en
Publisher: Cambridge University Press
Release Date : 2013-09-12
Private International Law In Commonwealth Africa written by Richard Frimpong Oppong and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-12 with Law categories.
A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.
Diversity Of Enforcement Titles In The Eu
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Author : Vesna Rijavec
language : en
Publisher: Springer Nature
Release Date : 2023-12-30
Diversity Of Enforcement Titles In The Eu written by Vesna Rijavec and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-30 with Law categories.
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 somegeneral 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.
Promoting Foreign Judgments
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Author : Pontian N. Okoli
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-10-07
Promoting Foreign Judgments written by Pontian N. Okoli and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-07 with Law categories.
In many African countries, litigants experience significant uncertainty in their attempts to enforce foreign judgments. Drawing on the experiences of the United Kingdom and the United States (vis-à-vis efforts to attain an effective global legal framework on foreign judgments), this book undertakes a comparative analysis of how South African and Nigerian courts can promote the recognition and enforcement of foreign judgments in a fair manner. This comparative analysis is made considering both African countries as paradigms of their respective legal traditions. The author, a legal consultant and academic in private international law analyses, stage by stage, the challenging process that litigants face when they seek to enforce foreign judgments in South Africa and Nigeria. This analysis includes insightful consideration of broader issues such as the following: how challenges faced by judgment creditors may be circumvented; practical issues impeding the free movement of foreign judgments; impact of globalisation, increase in international commercial transactions, and regionalism on private international law; application of ‘fairness’; how territorial sovereignty and State interests in international commerce impede the free movement of foreign judgments; and ‘qualified obligation’, under which courts would presumptively enforce foreign judgments subject to certain exceptions and to the balancing of competing interests between private litigants and the State. The comparative analysis is undergirded by relevant case law – spanning decades in Africa and centuries in Europe and the United States. In summary, the author projects a clear case for predictability and certainty in the recognition and enforcement of foreign judgments, as well as how to go about it, thus offering lawyers a strategic position to weigh their options in contemplating enforcement of foreign judgments in any jurisdiction even beyond the African region. This innovative approach will also be of particular value to policymakers at national levels, international and regional economic organisations, as well as scholars in private international law and international commercial law generally. This is regardless of their specific legal area or niche, especially considering the dearth of literature in African private international law.
Brussels I Bis
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Author : Requejo Isidro, Marta
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-03-08
Brussels I Bis written by Requejo Isidro, Marta and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-08 with Law categories.
Offering a comprehensive commentary on the Brussels I bis Regulation, chapters outline the origins and evolution of each article before delving into their interpretation in view of the case law of the European Court of Justice. Its exhaustive evaluation of the corresponding case law demonstrates key precedents which can be applied to practical problems in the field related to jurisdiction, recognition and enforcement of decisions.
Foreign Judgments In Israel
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Author : Haggai Carmon
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-11
Foreign Judgments In Israel written by Haggai Carmon and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-11 with Law categories.
A judgment in a civil matter rendered in a foreign country is not automatically recognized in Israel. Before a judgment will be recognized or enforced, it must first undergo a domestic integration process. A declaration that a foreign judgment is enforceable in Israel is dependent upon its meeting certain conditions specified by statute, irrespective of whether recognition of the foreign judgment is indirect or direct. These conditions serve as the main route for giving validity to foreign in rem judgments and to personal status judgments, which cannot otherwise be enforced; recognition of a judgment as enforceable, however, enables it to be executed. The book integrates lucid, theoretical analysis of the issues of enforcement and recognition of foreign judgments with practical instructions. It thus serves as a valuable guide for anyone seeking answers to the questions examined in the book, whether in the context of international commerce or to resolve transnational legal disputes. Despite the complexity of the questions addressed in the book, they are given accurate and easily understandable answers. Haggai Carmon’s book grapples with the range of issues arising from the recognition of foreign judgments and their enforcement, i.e., the declaration that they are enforceable judgments. The book thoroughly and methodically examines these issues...Haggai Carmon has outstanding expertise in international law. He has a breadth of legal knowledge and extensive experience in both the theoretical and practical aspects of both private and public international law. He serves as legal counsel to commercial entities as well as foreign governmental agencies; amongst others, he is an outside legal counsel to the government of the United States. As this text reflects, Haggai Carmon is also a first-rate scholar and he shares his knowledge in a style that is suitable to every reader. -Eliezer Rivlin, Deputy Chief Justice, the Israel Supreme Court
Res Judicata Estoppel And Foreign Judgments
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Author : Peter R. Barnett
language : en
Publisher: Oxford University Press, USA
Release Date : 2001
Res Judicata Estoppel And Foreign Judgments written by Peter R. Barnett and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with History categories.
This book re-examines the doctrines of res judicata and abuse of process when applied to foreign judgments, and analyses how they are relied upon in English proceedings. The book clearly explains the four main pleas to which a foreign res judicata might give rise in subsequent proceedings in England.