Civil Procedure in Slovenia

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Publisher : Kluwer Law International B.V.
ISBN 13 : 940351891X
Total Pages : 368 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Civil Procedure in Slovenia by : Ales Galic

Download or read book Civil Procedure in Slovenia written by Ales Galic and published by Kluwer Law International B.V.. This book was released on 2020-01-14 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the legislation and rules that determine civil procedure and practice in Slovenia. Lawyers who handle transnational matters will appreciate the book’s clear explanation of distinct terminology and application of rules. The structure follows the classical chapters of a handbook on civil procedure: beginning with the judicial organization of the courts, jurisdiction issues, a discussion of the various actions and claims, and then moving to a review of the proceedings as such. These general chapters are followed by a discussion of the incidents during proceedings, the legal aid and legal costs, and the regulation of evidence. There are chapters on seizure for security and enforcement of judgments, and a final section on alternative dispute resolution. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Succinct, scholarly, and practical, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Slovenia will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of civil procedure in the international context.

Evidence in Contemporary Civil Procedure

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Publisher :
ISBN 13 : 9781780683386
Total Pages : 0 pages
Book Rating : 4.6/5 (833 download)

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Book Synopsis Evidence in Contemporary Civil Procedure by : C. H. van Rhee

Download or read book Evidence in Contemporary Civil Procedure written by C. H. van Rhee and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the start of the new millennium, many contemporary legal jurisdictions have been revisiting the fundamental principles of their civil procedures. Even the core areas of the civil process are not left untouched, including the way in which evidence is introduced, collected, and presented in court. In the field of evidence taking, one generator of the reforms has been slow and inefficient litigation. Both in Europe and globally, reaching a balance between the demands of factual accuracy and the need to adjudicate disputes in a swift, cost-effective, and efficient way is still one of the key challenges. Another reason why many countries are reforming their law of evidence is related to cultural and technological changes in modern societies. Traditional human rights (such as the right to privacy and due process) is shifting. The modern need for security, efficiency, and quick access to justice, along with the perception of what is admissible or not in the context of evidence taking, is changing as well. In the same sense, the fast pace of modern life commands different practices of fact-finding, accompanied by new methods of selection of evidence that are appropriate for this purpose. Last but not least, the overwhelming penetration of new technologies into all spheres of public and private life has the capacity to dramatically change the methods of the collection and presentation of evidence. Exploring these issues, contributors to this book reflect on how these trends affect the situation in their countries and present their views on further developments, both nationally and in comparison with the developments in other countries and regions. A further goal is to inquire whether, in spite of national differences that are still dominant, the approaches to civil evidence are converging, and whether reforms affecting fact-finding have a chance of leading to some forms of harmonization. (Series: Ius Commuen Europaeum - Vol. 139) Subject: Legal Procedure, Civil Law, Comparative Law]

Transformation of Civil Justice

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Publisher : Springer
ISBN 13 : 3319973584
Total Pages : 412 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis Transformation of Civil Justice by : Alan Uzelac

Download or read book Transformation of Civil Justice written by Alan Uzelac and published by Springer. This book was released on 2018-09-03 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: National civil justice systems are deeply rooted in national legal cultures and traditions. However, in the past few decades they have been increasingly influenced by integration processes at the regional, supra-national and international level. As a by-product of the emergence of economic and political unions and globalisation processes there is pressure to harmonise or even unify the way in which national civil justice systems operate. In an attempt to create a ‘genuine area of justice’, new unified procedures are being developed, which operate in parallel with national civil procedures, and sometimes even strive to replace them. As a reaction to the forces that endeavour to harmonise and unify procedural laws and practices, an opposing trend is gaining momentum: one that insists on diversity and pluralism of national civil procedures. This book focuses on the evolution of procedural reforms in various jurisdictions and the ongoing transformation of national civil justice systems.

Dimensions of Evidence in European Civil Procedure

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041166653
Total Pages : 388 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Dimensions of Evidence in European Civil Procedure by : Vesna Rijavec

Download or read book Dimensions of Evidence in European Civil Procedure written by Vesna Rijavec and published by Kluwer Law International B.V.. This book was released on 2015-12-29 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Greater efficiency in civil dispute resolution is very much dependent on organized but fair fact-finding. Under European law, however, no clear-cut categorisation of means of evidence exists as yet, and significantly diverging interpretations persist of what is considered 'evidence' in the sense of the foundational Council Regulation (EC) No. 1206/2001 (EER). The EER fails to provide comprehensive rules for many other aspects of evidence taking, pointing instead to national legislation for solutions. As long as evidentiary rules remain different from country to country, there is an inherent risk of conflict of laws between different systems in the course of cooperation between courts in cross-border matters, leading to mistrust amongst judiciary and other participants in the proceedings. Focusing on national rules, and using a comparative method which takes into consideration legal experiences from all legal circles in the EU, this book explains and analyses how the law of evidence works in Europe today. The authors draw on the vast base of relevant information collected in twenty-seven Member States by national reporters. Following the classical enumeration of types of evidence – production of documents, examination of witnesses, expert evidence, inspection by the judge, and examination of the parties – chapters encompass such issues and topics as the following. - judicial cooperation in cross-border cases; – general principles in evidence taking (the right to be heard, oral vs. written form, directness of evidence, burden of proof); – judges' case management powers regarding evidence; – means of evidence; – extent of influence of traditional principles and evidentiary rules on electronic evidence; – application of communication technology in cross-border proceedings; – legal costs; – language; – inadmissible evidence; and – instances in which a court can refuse a request for evidence. The authors offer well-grounded recommendations on requested judge's entitlements, direct and convenient communication, cost issues, revised provisions concerning language obstacles, unification of presumptions, and much more. Armed with the wide-ranging knowledge presented here, practitioners handling civil cases anywhere in Europe will derive great practical benefit from this book. As a masterful synthesis of how evidence is used in national courts in EU Member States, and of how that use is changing, the book will be greatly valued as a unique resource by legal scholars and academics. With featured recommendations it can contribute to the development of mutual trust among the national courts inside the EU as well as trust among policymakers and national courts.

Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems

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Publisher : Springer Science & Business Media
ISBN 13 : 331903443X
Total Pages : 262 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems by : Alan Uzelac

Download or read book Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems written by Alan Uzelac and published by Springer Science & Business Media. This book was released on 2014-01-11 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of papers that address a fundamental question: What is the role of civil justice and civil procedure in the various national traditions in the contemporary world? The book presents striking differences among a range of countries and legal traditions, but also points to common trends and open issues. It brings together prominent experts, professionals and scholars from both civil and common law jurisdictions. It represents all main legal traditions ranging from Europe (Germanic and Romanic countries, Scandinavia, ex-Socialist countries) and Russia to the Americas (North and South) and China (Mainland and Hong Kong). While addressing the main issue – the goals of civil justice – the book discusses the most topical concerns regarding the functioning and efficiency of national systems of civil justice. These include concerns such as finding the appropriate balance between accurate fact-finding and the right to a fair trial within a reasonable time, the processing of hard cases and the function of civil justice as a specific public service. In the mosaic of contrasts and oppositions special place is devoted to the continuing battle between the individualistic/liberal approach and the collectivist/paternalistic approach – the battle in which, seemingly, paternalistic tendencies regain momentum in a number of contemporary justice systems.

Competition Law in Slovenia

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403526912
Total Pages : 192 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Competition Law in Slovenia by : Andrej Fatur

Download or read book Competition Law in Slovenia written by Andrej Fatur and published by Kluwer Law International B.V.. This book was released on 2020-09-22 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in Slovenia covers every aspect of the subject- the various forms of restrictive agreements and abuse of dominance prohibited by law and the rules on merger control; tests of illegality; filing obligations; administrative investigation and enforcement procedures; civil remedies and criminal penalties; and raising challenges to administrative decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law. Throughout the book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate. An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by the dominant firms and the appraisal of concentrations, and then goes on to the administrative enforcement of competition law, with a focus on the antitrust authorities’ powers of investigation and the right of defence of suspected companies. This part also covers voluntary merger notifications and clearance decisions, as well as a description of the judicial review of administrative decisions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Slovenia will welcome this very useful guide, and academics and researchers will appreciate its value in the study of international and comparative competition law.

Property and Trust Law in Slovenia

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403527412
Total Pages : 427 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Property and Trust Law in Slovenia by : Jerca Kramberger Škerl

Download or read book Property and Trust Law in Slovenia written by Jerca Kramberger Škerl and published by Kluwer Law International B.V.. This book was released on 2020-11-20 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of property in Slovenia deals with the issues related to rights and interests in all kinds of property and assets-immovable, movable, and personal property; how property rights are acquired; fiduciary mechanisms; and security considerations. Lawyers who handle transnational disputes and other matters concerning property will appreciate the explanation of specific terminology, application, and procedure. An introduction outlining the essential legal, cultural, and historical considerations affecting property is followed by a discussion of the various types of property. Further analysis describes how and to what extent legal subjects can have or obtain rights and interests in each type. The coverage includes tangible and intangible property, varying degrees of interest, and the various ways in which property is transferred, including the ramifications of appropriation, expropriation, and insolvency. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. The book includes ample references to doctrine and cases, as well as to relevant international treaties and conventions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for any practitioner faced with a property-related matter. Lawyers representing parties with interests in Slovenia will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative property law.

Interim Measures in International Commercial Arbitration

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Publisher : Maklu
ISBN 13 : 9789046601440
Total Pages : 136 pages
Book Rating : 4.6/5 (14 download)

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Book Synopsis Interim Measures in International Commercial Arbitration by : Association for International Arbitration

Download or read book Interim Measures in International Commercial Arbitration written by Association for International Arbitration and published by Maklu. This book was released on 2007 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Association for International Arbitration (AIA) was founded in order to promote Arbitration and increase the level of knowledge about Alternative Dispute Resolutions.This book is the result of a conference held in October 2007.The contributions are written by international experts and based on analytical insights and research of new tendencies that provide in-depth information.The theme is a vital issue for arbitration services users and practitioners and also an interesting topic for scholars and students.

Current Trends in Preparatory Proceedings

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Publisher : Springer
ISBN 13 : 3319293257
Total Pages : 250 pages
Book Rating : 4.3/5 (192 download)

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Book Synopsis Current Trends in Preparatory Proceedings by : Laura Ervo

Download or read book Current Trends in Preparatory Proceedings written by Laura Ervo and published by Springer. This book was released on 2016-04-18 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the regulations, goals and functioning of preparatory proceedings in four Nordic countries and eight former communist countries. The contributions discuss whether, and how the regulation and practice of preparatory proceedings enhance swift civil justice that is both inexpensive and has quality outcomes. A central question is whether the main hearing model of civil justice, in which preclusion of new evidence and claims occur at the end of the preparatory stage, results in greater efficiency, or whether the functioning of civil proceedings largely depends on other factors. It also examines regulation and use of court-connected mediation and judicial settlement efforts. This book offers comparative insights into the functioning of the preparatory civil proceedings in the countries covered. Preparatory proceedings are considered a key tool for achieving efficient civil proceedings. The claims and factual background of the case are clarified at an early stage, and the main hearing is focused. Judicial settlement efforts and court-connected mediation contribute to early resolution of cases, and are important elements of Nordic civil procedure The Nordic countries have used the main hearing model of civil proceedings for some decades, and recent reforms have further enhanced the role of the preparatory stage. Former communist countries are reforming their earlier piecemeal- format civil proceedings by introducing and strengthening written and oral preparation, as well as court-connected mediation.

Cost and Fee Allocation in Civil Procedure

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Publisher : Springer Science & Business Media
ISBN 13 : 940072263X
Total Pages : 312 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis Cost and Fee Allocation in Civil Procedure by : Mathias Reimann

Download or read book Cost and Fee Allocation in Civil Procedure written by Mathias Reimann and published by Springer Science & Business Media. This book was released on 2011-11-15 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume describes and analyzes how the costs of litigation in civil procedure are distributed in key countries around the world. It compares the various approaches, draws general conclusions from that comparison, and presents global trends as well as common problems and solutions. In particular, the book deals with three principal questions: First, who pays for civil litigation costs, i.e., to what extent do losers have to make winners whole? Second, how much money is at stake, i.e., how expensive is civil litigation in the respective jurisdictions? And third, whose money is ultimately spent, i.e., how are civil litigation costs distributed through mechanisms like legal aid, litigation insurance, collective actions, and success oriented fees? Inter alia, the study reveals a general trend towards deregulation of lawyer fees as well as a substantial correlation between the burden of litigation costs and membership of a jurisdiction in the civil and common law families. This study is the result of the XVIIIth World Congress of Comparative Law held under the auspices of the International Academy of Comparative Law.

EU Mediation Law and Practice

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Publisher : Oxford University Press
ISBN 13 : 0199660980
Total Pages : 653 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis EU Mediation Law and Practice by : Giuseppe De Palo

Download or read book EU Mediation Law and Practice written by Giuseppe De Palo and published by Oxford University Press. This book was released on 2012-10-04 with total page 653 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practical reference providing detailed information and expert commentary on implementation of mediation law across 27 EU Member States, organized by country, with trends and differences analysed. Considers key Mediation Directive legislation following its entry into force and implementation.

Class Actions in Europe

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Publisher : Springer Nature
ISBN 13 : 3030730360
Total Pages : 400 pages
Book Rating : 4.0/5 (37 download)

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Book Synopsis Class Actions in Europe by : Alan Uzelac

Download or read book Class Actions in Europe written by Alan Uzelac and published by Springer Nature. This book was released on 2021-06-23 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Not so long ago, class actions were considered to be a textbook example of American exceptionalism; many of their main features were assumed to be incompatible with the culture of the civil law world. However, the tide is changing; while there are now trends in the USA toward limiting or excluding class actions, notorious cases like Dieselgate are moving more and more European jurisdictions to extend the reach of their judicial collective redress mechanisms. For many new fans of class actions, collective redress has become a Holy Grail of sorts, a miraculous tool that will rejuvenate national systems of civil justice and grant them unprecedented power. Still, while the introduction of various forms of representative action has virtually become a fashion, it is anything but certain that attempting to transplant American-style class action will be successful. European judicial structures and legal culture(s) are fundamentally different, which poses a considerable challenge. This book investigates whether class actions in Europe are indeed a Holy Grail or just another wrong turn in the continuing pursuit of just and effective means of protecting the rights of citizens and businesses. It presents both positive and critical perspectives, supplemented by case studies on the latest collectivization trends in Europe’s national civil justice systems. The book also shares the experiences of some non-European jurisdictions that have developed promising hybrid forms of collective redress, such as Canada, Brazil, China, and South Africa. In closing, a selection of topical international cases that raise interesting issues regarding the effectiveness of class actions in an international context are studied and discussed.

The Enforcement of EU Competition Rules by Civil Law

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Publisher : Maklu
ISBN 13 : 9046606902
Total Pages : 336 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis The Enforcement of EU Competition Rules by Civil Law by : Nina Bucan Gutta

Download or read book The Enforcement of EU Competition Rules by Civil Law written by Nina Bucan Gutta and published by Maklu. This book was released on 2014-11-04 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private enforcement of competition law, in particular through damages actions, is recently one of the highly debated topics in European competition law. Arguments for private enforcement are based on the EU principle of effectiveness, while existing national substantive and procedural regimes applicable to damages may be ill-suited for the effective enforcement of EU competition law. However, the risk that the introduction of enforcement-oriented measures into national law is incompatible with private (civil) law is often underestimated or neglected. This book aims to reconcile both EU enforcement and private law perspectives through a detailed study of the English and Slovenian private law systems. Research on the compatibility of EU competitionenforcement- oriented measures with the private law regimes in England and Slovenia is used to argue that some changes to private law (based on proposals for effective enforcement) go too far and risk undermining the integrity of the Legal systems. This book already takes into account the 2014 Directive on antitrust damages actions.

Procedural Autonomy Across Europe

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Publisher :
ISBN 13 : 9781780689067
Total Pages : 0 pages
Book Rating : 4.6/5 (89 download)

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Book Synopsis Procedural Autonomy Across Europe by : Bart Krans

Download or read book Procedural Autonomy Across Europe written by Bart Krans and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the concept of procedural autonomy of Member States in the light of EU law. Does procedural autonomy still adequately describe the powers of national lawmakers and courts to design their civil procedural systems or is it misleading? For the last few decades, Europe has been in a period of increasing Europeanisation of civil procedure. Increased powers of the EU have resulted in hard law, case law and soft law that regulate many types of domestic and cross-border civil cases. These rules have both direct and indirect implications for national procedural law.Gaining insights from selected European jurisdictions (Belgium, England and Wales, Finland, Germany, The Netherlands, Norway, Poland, Slovenia, Spain, and Sweden), this book explores the concept of procedural autonomy from different angles: Is procedural autonomy an adequate term? How is procedural autonomy understood nationally, and is there variation among the Member States? Do some types of EU law or specific characteristics of EU civil procedural law restrain procedural autonomy more than other? How can these differences be explained and is it possible to identify the sources causing such discrepancies?Procedural Autonomy across Europe is a stimulating discussion for lawyers with an interest in civil procedure.

International and Comparative Mediation

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041132244
Total Pages : 538 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis International and Comparative Mediation by : Nadja Marie Alexander

Download or read book International and Comparative Mediation written by Nadja Marie Alexander and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In a world where the borders of the global community are fluid, and where disputants manifest increasingly diverse attributes and needs, mediation ? for decades hovering at the edge of dispute resolution practice ? is now emerging as the preferred approach, both in its own right and as an adjunct to arbitration. Mediation processes are sufficiently flexible to accommodate a range of stakeholders (not all of whom might have legal standing) in ways the formality of arbitration and litigation would not normally allow. Among mediation?s many advantages are time and cost efficiencies, sensitivity to cultural differences, and assured privacy and confidentiality. This book meets the practice needs of lawyers confronted with cross-border disputes now arising far beyond the traditional areas of international commerce, such as consumer disputes, inter-family conflicts, and disagreements over Internet-based transactions. The author takes full account of mediation?s risks and limitations, primarily its lack of finality and uncertainty in relation to enforceability issues which will persist until the advent of appropriate international regulation."--Publisher's website.

Voluntary (Non-Contentious) Jurisdiction Around The World

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Publisher : Publishing House “Gorodets”
ISBN 13 : 5906815953
Total Pages : 272 pages
Book Rating : 4.9/5 (68 download)

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Book Synopsis Voluntary (Non-Contentious) Jurisdiction Around The World by : Argounov V. V.

Download or read book Voluntary (Non-Contentious) Jurisdiction Around The World written by Argounov V. V. and published by Publishing House “Gorodets”. This book was released on 2017 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an analysis of the history, legal basis and developments in voluntary jurisdiction in a large number of jurisdictions. Authors discuss the terminology, the nature of voluntary jurisdiction, the recent development, the regulatory basis like actors and forums as well as the scope and procedure including effects, appellation and execution of voluntary jurisdiction in the named countries. In the end provides the fresh statistics, problems, outcomes, reforms and visions.

Diversity of Enforcement Titles in the EU

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Publisher : Springer Nature
ISBN 13 : 3031471083
Total Pages : 401 pages
Book Rating : 4.0/5 (314 download)

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Book Synopsis Diversity of Enforcement Titles in the EU by : Vesna Rijavec

Download or read book Diversity of Enforcement Titles in the EU written by Vesna Rijavec and published by Springer Nature. This book was released on 2023-12-30 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the diversity of enforcement titles in cross-border debt collection, focusing on the types, structure, contents and effects of enforcement titles. It offers a comprehensive overview of judgments, court settlements and authentic instruments from a variety of EU Member States. It primarily employs the comparative legal method to draw conclusions on commonalities and differences, as well as prospects for future approximation of laws. The premise of the research is rooted in the finding that national authorities of EU Member States continue to treat enforcement titles from other Member States with reservations and mistrust despite being committed to the principle of mutual trust. The book identifies the issues of mistrust stemming from the diversity of enforcement titles. The research is based on a rich database of national reports compiled during the course of several large-scale EU Justice Projects. Divided into five parts, the book offers first some general considerations and presents attempts at a systemisation of enforcement titles. The following parts are then devoted to more specialised approaches toward the different types of enforcement titles. However, the connecting line between all parts of the book are the considerations of cross-border enforcement in the EU (and in a limited manner with third States). Herein, research also addresses critical factors regarding the free movement of judgments in the EU, including those of lis pendens and related actions. This book provides a valuable contribution to the Theory of European Civil Procedure. Since it is based on a comparative approach and employs both empirical and doctrinal viewpoints, it should also greatly benefit practitioners involved in cross-border dispute resolution. Overall, the findings should be of interest to a broad audience, including policymakers, judges, practitioners and scholars.