1. If at first you do not succeed : an overview of remedies available in the United States Courts of AppealsThomas Allan Heller, 2022, original scientific article Abstract: In the United States federal court system, from a procedural standpoint, it has been the historic policy that appeals to the Courts of Appeal lie only from final decisions by the district courts. This policy, dubbed the final judgment rule, is designed to prevent a piecemeal approach to appellate practice, and to enhance efficiency and fairness. Applied overly strictly, the rule can often lead to unfair results, and even irreparable harm. This article catalogues the primary exceptions to the final judgment rule, and discusses those instances when interlocutory appeals may be taken short of district court rulings disposing of all issues as to all parties, that is, final judgments.
Keywords: appeals, final judgment rule, collateral orders doctrine, interlocutory appeals, mandamus, appeal administrative orders, class actions
Published in DKUM: 17.06.2024; Views: 136; Downloads: 14
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2. 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 |
3. Relationship of the Brussels I Regulation vis-à-vis legal remedies provided by national enforcement lawsDamjan Orož, 2018, original scientific article Abstract: Article discuss the impact of the Brussels I and Brussels I bis Regulations on Slovenian enforcement proceedings. The aim of the Brussels I bis Regulation is to ensure creditors a simpler but mostly quicker access to enforcement in case a judgment must be enforced in a state other than the Member State of origin. The new regulatory framework will certainly facilitate quicker access to enforcement for creditors. However, this can only be ensured categorically in the first phase of enforcement, i.e. the seizure of assets (distraint). In subsequent enforcement phases successful enforcement in favour of the creditor could be stayed if the debtor decides to enforce grounds used to challenge the enforceability of a foreign judgment. A major distinction is that the control of enforceability will only proceed if and when the debtor so requests.Prispevek obravnava vpliv Uredb BU I in BU I bis na slovenski izvršilni postopek. Namen BU I bis je upniku zagotoviti lažji, predvsem pa hitrejši dostop do izvršbe v primeru, da je treba sodbo izvršiti v drugi državi kot v državi izvora. Gotovo bo nova ureditev upniku zagotovila hitrejši dostop do izvršbe, vendar to lahko kategorično zagotovimo le za prvo fazo izvršbe, to je rubež premoženja. V kasnejših fazah izvršitve pa se utegne upniku uspešna izvršba odložiti, če se dolžnik odloči uveljavljati razloge, s katerimi bo nasprotoval izvršljivosti tuje sodne odločbe. Pomembna razlika je ta, da se bo kontrola izvršljivosti opravila le ko in če bo dolžnik to zahteval.
Keywords: enforcement in the Member State of enforcement, foreign judgment, application for refusal of enforceability, objection against the enforcement order, creditor
Published in DKUM: 15.01.2021; Views: 895; Downloads: 72
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4. Abolition of exequatur in Brussels Ia regulation : new challenges for the National Judge (Croatia)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 in DKUM: 02.08.2018; Views: 1198; Downloads: 72
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