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1.
Abolition of exequatur in Brussels Ia regulation
Paula Poretti, 2016, original scientific article

Abstract: This article will analyse and evaluate if and to what extent enforcement of judgments according to the Brussels Ia Regulation may be challenging for Croatian judges. It seeks to answer the questions a) which novelties in terms of recognition and enforcement of foreign judgments are introduced through the system of cross-border enforcement of judgments under Brussels Ia and b) with regard to the lack of implementation provisions in Croatian legal system, how will a new “adaptation device” according to Art. 54 of the Brussels operate. In particular, how and by whom will the adaptation of measure or order be carried out and how will it be challenged pursuant to Art. 54 (2) of the Brussels Ia Regulation. In a search for possible answers, approaches as well as solutions adopted in the legal systems of some Member States will also be taken into account. Considerations which can be attributed to the lack of provisions regarding implementation of the Brussels Ia Regulation in Croatian legal system will be highlighted.
Keywords: exequatur, abolition, Brussels Ia Regulation, adaptation, measure, order, recognition, enforcement, execution, judgment
Published: 02.08.2018; Views: 434; Downloads: 40
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2.
Characteristics of Austrian remedies against enforcement and a general analysis of their suitability for achieving the objectives of Brussels I recast
Bettina Nunner-Krautgasser, 2015, original scientific article

Abstract: Regulation No 1215/2012 (Brussels Ia or Brussels I Recast) was another big step forward towards the establishment of a genuine European judicial area. In the wake of the Brussels I Recast, two facts have rather soon become apparent: One, several well- known (or better: infamous) issues are sadly still unsolved. And two, some other issues have emerged. Because of the abolishment of the “exequatur procedure”, esp. the issue of remedies against enforcement, in both the Member State of origin as well as in the Member State of enforcement, has gained more importance again. Therefore this paper analysis the characteristics of Austrian remedies in enforcement and their suitability for achieving the objects of Brussels I Recast.
Keywords: Brussels I Recast, remedies in enforcement, cross- border enforcement, abolition of “exequatur”, Art. 46 Brussels I a Recast, grounds for refusal of the enforcement, implementation in the national system of remedies in enforcement
Published: 02.08.2018; Views: 361; Downloads: 31
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