Vesna Rijavec - Böcker

The volume addresses the enforcement of judgments and other authentic instruments in a European cross-border context, as well as enforcement in a selection of national European jurisdictions. The volume is divided into two parts. Part I on 'Cross-border Enforcement in Europe' opens with a contribution comparing the European approach in Brussels I Recast with the US experience of enforcement in the context of judicial federalism. This is followed by two contributions concentrating on aspects of Brussels I Recast, specifically the abolition of exequatur and the grounds for refusal of foreign judgments (public order and conflicting decisions). The two concluding texts in this part deal with the cross-border enforcement of notarial deeds and the sister regulation of Brussels I Recast, Brussels II bis (jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility). Part II is devoted to aspects of (cross-border) enforcement in a selection of European states (Poland, the Czech Republic, the Netherlands, Slovenia and the Republic of North Macedonia). The topics discussed include the authorities entrusted with enforcement, judicial assistance and the national rules relevant from the perspective of Brussels I Recast. This book is important for practitioners involved in cross-border enforcement and academics working within an international comparative legal context.

This book examines the diversity of enforcement titles in cross-border debt collection, focusing on the types, structure, contents and effects of enforcement titles.

This book examines the diversity of enforcement titles in cross-border debt collection, focusing on the types, structure, contents and effects of enforcement titles.

This book examines how various methods of digital communication have entered the domain of EU Civil Procedure, with a primary focus on the service of documents, electronic submissions, the taking of evidence, and videoconferencing. It offers a comprehensive overview of legal issues surrounding the use of digital technology in the aforementioned areas and draws insight from the national legal doctrines of 15 EU Member States and select candidate countries. On the one hand, the research employs the comparative legal method to draw conclusions on commonalities and differences, as well as prospects for future approximation of laws. On the other hand, the book addresses open issues at the EU (supranational) level. The research is rooted in the observation that a paradigm shift from traditional to digital means of communication between courts and other judicial partakers is currently taking place. This shift is manifested through a variety of technologies and affects a wide legal landscape. The EU is heralding the incorporation of these developments in its latest legislation on cross-border disputes. The research deals with analyzing both existing (digital and traditional) and prospective means of communication in national and cross-border disputes. The book identifies problems in the national and EU legal frameworks and provide potential solutions for tackling these problems in the current or assess prospects for future developments.