1. Diversity of Enforcement Titles in Cross-border Debt Collection in the EU : National Report: CiprusDespina Christophi, Demetra Loizou, 2022 Abstract: Applying a systematic approach, this report addressess the main features of enfrocement titles in Cyprus. It focuses on judgments, court settlements and notarial deeds, scrutinizing their content, form and effects. It conveys theoretical insight into the subject matter as well as conclusions from relevant case law.
Keywords: enforcement title, cross-border enforcement, Italy, EU law, civil procedure law
Published in DKUM: 20.12.2022; Views: 477; Downloads: 49
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2. Diversity of Enforcement Titles in Cross-border Debt Collection in the EU : National Report: ItalyMaria Kaczorowska, Alessia Voinich, Martina Previatello, 2022 Abstract: Applying a systematic approach, this report addressess the main features of enfrocement titles in Italy. It focuses on judgments, court settlements and notarial deeds, scrutinizing their content, form and effects. It conveys theoretical insight into the subject matter as well as conclusions from relevant case law.
Keywords: enforcement title, cross-border enforcement, italy, EU law, civil procedure law
Published in DKUM: 20.12.2022; Views: 501; Downloads: 59
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3. The cross-border enforcement of court settlements within Brussels Ia Regulation : from a European and an Austrian perspectivePhilipp Anzenberger, 2020, original scientific article Abstract: Despite the enormous practical relevance of court settlements, the Brussels Ia Regulation contains only a few explicit provisions for the cross-border enforcement of this legal instrument. This can cause difficulties in borderline cases, for example when it is doubtful whether the legal act in question is to be classified as a settlement or a judgment or which specific European regulation is applicable to a settlement containing several different claims. This paper provides a general overview of the rules for the enforcement of court settlements under the Brussels Ia Regulation and examines some problems that may specifically arise in the case of cross-border enforcement of court settlements.
Keywords: court settlement, Brussels Ia Regulation, cross-border enforcement, recognition, scope, judgment, certificate, exequatur
Published in DKUM: 15.01.2021; Views: 798; Downloads: 0 |
4. Characteristics of Austrian remedies against enforcement and a general analysis of their suitability for achieving the objectives of Brussels I recastBettina 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 in DKUM: 02.08.2018; Views: 1200; Downloads: 62
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