Cross-border enforcement of claims in the EU
Subtitle: history, present time and future
By: Mikael Berglund
Edition: Second edition.
Series: European monographs -- 65; European monographs -- 65.
Publisher: Kluwer Law Inernational; Wolters Kluwer Law & Business; Kluwer Law International
Published: 2014
Place of publication: Alphen aan den Rijn, The Netherlands
Language: eng
Number of pages: 389
ISBN-13: 9789041145642
Copyright date: 2014
Subjects: Conflict of laws; Law; Litiges; Remboursement; Procédure civile; UE/CE Droit; Droit civil; Conventions intergouvernementales UE; Rapprochement des législations; Jugements; Reconnaissance mutuelle; UE/CE Etats membres
Description: In the legal areas of contractual claims and tax claims, various requirements exist in EU law and in applicable conventions for the recognition and enforceability of foreign titles of execution, judgments and decisions. Besides the requirements that a foreign title of execution should fall under its particular scope of application, territorial scope, scope of claims, and scope in time, there are often additional requirements and limitations that give rise to possibilities and restrictions, and play an important role in determining the enforceability or non-enforceability of claims. Consequently, an early analysis related to these provisions is a crucial step in assessing the possibility of success or risk of failure. Also, this book focuses on preventive security arrangements and precautionary measures that offer the creditors the widest possible assurance of obtaining an enforceable cross-border title of execution and recovering claims in the event of non-payment by the debtor-- all while adhering closely to such guiding principles as efficiency, legal certainty, predictability, and the establishment of a proper balance between the interests of the claimant and the defendant.
Notes: Includes bibliographical references (pages 279-338) and index.
Table of contents: title: Introduction; title: History and legal developments --; title: Enforcement and recovery agents --; title: Public international law --; title: Scope of application of EU law and conventions --; title: Procedures in EU law and conventions --; title: Harmonization of civil execution laws.