Enforcement of Judgments in EuropeThe idea of a European Judicial Area has gathered force since the negotiation of the Amsterdam Treaty amending the TEU and conferring competence on the European Community in relation to measures of 'judicial cooperation'. One of the areas targeted for rapid attention is improvement in therecognition and enforcement of civil judgments in Europe - with plans for the mutual recognition of judgments.This book (i) explains the significance of the fact that judicial cooperation now falls within the EC Treaty; (ii) sets out the background of measures and proposals which will form the basis for further work by the European Commission in developing legislative proposals; (iii) compares theenforcement frameworks of selected national laws (England, Germany, France, Sweden, Spain); (iv) examines in detail the existing position in relation to key enforcement issues (obtaining information about a debtor's assets, provisional and protective measures, service of documents, exequatur,transfrontier garnishee orders and the transfrontier enforcement of injunctions) under the selected national laws and European/international instruments; and (v) assesses the scope for improvements in collaboration between Member States and the obstacles that may impede harmonisation. The book willprovide an invaluable source of reference for practitioners and policy-makers, and will also be of assistance as a starting point for those who want to engage in further comparative research on the topics covered. |
Contents
List of Abbreviations | xvii |
Table of Legislation | xxxiii |
Introduction | 3 |
Background to the Tampere Summit | 21 |
Structural Differences between Systems | 61 |
Chapter 5 | 96 |
Information about the Debtor | 99 |
Sources of information | 112 |
2625 | 263 |
119 | 269 |
143 | 275 |
164 | 281 |
Nonmoney Judgments | 287 |
Conclusions | 303 |
Appendix A | 313 |
Appendix B | 323 |
Common terms and phrases
accordance action addressed adopted allow appeal application approach Article assets authorities bank basis Brussels Convention civil claim claimant co-operation Commission Community competent concerned consideration considered context Contracting Convention Council court creditor debt debtor decision defendant determined direct document domicile effect enforcement England English ensure established European example execution exequatur exist fact foreign formal France further garnishee order Germany given grant hand instituting issues Italy judgment judicial jurisdiction justice legislation limited litigation matters means Member ment merits methods necessary noted objectives obligation obtain official origin particular payment person position possible practice principle problems procedure proceedings proposed protective measures provisional question recognition referred Regulation relation responsible rules seizure served sought specific taken third party tion Treaty Union
References to this book
Grenzüberschreitende Beweisaufnahme im Europäischen Justizraum Achim Müller No preview available - 2004 |
Bibliographic information
| Title | Enforcement of Judgments in Europe Oxford Private International Law Series Oxford monographs in private international law |
| Author | Wendy A. Kennett |
| Edition | illustrated, reprint |
| Publisher | Oxford University Press, 2000 |
| ISBN | 0198298196, 9780198298199 |
| Length | 435 pages |
| Subjects | › Law / International Political Science / Law Enforcement |
| Export Citation | BiBTeX EndNote RefMan |