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The cross-border enforcement of court settlements within Brussels Ia Regulation
Philipp Anzenberger, 2020, izvirni znanstveni članek

Opis: 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.
Ključne besede: court settlement, Brussels Ia Regulation, cross-border enforcement, recognition, scope, judgment, certificate, exequatur
Objavljeno: 15.01.2021; Ogledov: 112; Prenosov: 0

Public policy in Brussels regulation I
Tomaž Keresteš, 2016, izvirni znanstveni članek

Opis: This article deals with the notion of public policy in the framework of Brussels system the past, present and future. Author concludes that Brussels I Recast Regulation did not change much regarding the public policy issue. Even though initially there were thoughts that it should be removed from the system altogether, at the end only the exequatur has been abolished, but the public policy exception remained. As there was no significant change related to the public policy exception in the last Regulation, all the case law made under Brussels Convention and Brussels I Regulation is still applicable. This means that the public policy exception can be based on either procedural or substantive public policy arising out of national legal order and suitable for international relations (international public policy). There are also emerging contours of pure EU public policy. However, this one is still not supplementing the public policy based on national legal rules as this is a hallmark of European diversity.
Ključne besede: Brussels Regulation I, Brussels Convention, Court of Justice of the EU, contradictory principle, judgement, public policy
Objavljeno: 02.08.2018; Ogledov: 584; Prenosov: 50
.pdf Celotno besedilo (613,01 KB)
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Abolition of exequatur in Brussels Ia regulation
Paula Poretti, 2016, izvirni znanstveni članek

Opis: 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.
Ključne besede: exequatur, abolition, Brussels Ia Regulation, adaptation, measure, order, recognition, enforcement, execution, judgment
Objavljeno: 02.08.2018; Ogledov: 412; Prenosov: 39
.pdf Celotno besedilo (448,01 KB)
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24th conference Corporate entities at the market and European dimensions
2016, zbornik strokovnih ali nerecenziranih znanstvenih prispevkov na konferenci

Opis: The book is a collection of contributions presented at the 24th traditional conference Corporate Entities at the Market and European Dimensions, which was organized from 19th to 21st May 2016 in Portorož, Slovenija, by Institute for Commercial Law Maribor and Faculty of Law, University of Maribor, and which was co-financed by the European Commission. The added value of this year's conference were international sessions, which brought together internationally reknown experts from Slovenia and abroad in a discussion on certain open questions in the field of cross-border disputes, related to the implementation of Brussels I Regulation (recast). The most controversial and interesting topics, which were discussed at the conference, were prepared and published in conference proceedings, with the intention to enable access to some relevant conclusions to a broader public and hopefully to motivate other expert in this field of research to join in a discussion at future conferences.
Ključne besede: corporate entities, cross-border disputes, Brussels I Regulation, EU, European Union
Objavljeno: 18.01.2017; Ogledov: 1037; Prenosov: 327
.pdf Celotno besedilo (2,85 MB)
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