The European Account Preservation Order Regulation

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The European Account Preservation Order Regulation

Author : Gilles Cuniberti
Publisher : Cambridge University Press
ISBN 13 : 1316879852
Total Pages : 490 pages
Book Rating : 4.3/5 (168 download)

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Book Synopsis The European Account Preservation Order Regulation by : Gilles Cuniberti

Download or read book The European Account Preservation Order Regulation written by Gilles Cuniberti and published by Cambridge University Press. This book was released on 2018-05-03 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Account Preservation Order (EAPO) Regulation provides a protective measure for creditors wishing to freeze the bank account of their debtor, preventing the transferral or withdrawal of funds. Courts can issue freezing measures over bank accounts located in other member states, thereby establishing a new remedy for cross-border debt recovery in Europe. This book provides a detailed article-by-article commentary of the EAPO Regulation. It describes its legislative history and structure and carries out a critical analysis of its provisions and recitals, focusing on the practical implementation of the instrument. The commentary also provides additional focus on the interplay between the EAPO Regulation and the existing EU instruments and framework, and examines specific issues that the implementation of the Regulation might raise in member states. This is an important resource tool for practitioners, legal scholars and students interested in the theoretical and practical implications of the EAPO Regulation.

The European Account Preservation Order

Author : D’Alessandro, Elena
Publisher : Edward Elgar Publishing
ISBN 13 : 1800880308
Total Pages : 488 pages
Book Rating : 4.8/5 (8 download)

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Book Synopsis The European Account Preservation Order by : D’Alessandro, Elena

Download or read book The European Account Preservation Order written by D’Alessandro, Elena and published by Edward Elgar Publishing. This book was released on 2022-06-10 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Commentary provides article-by-article exploration of EU Regulation 655/2014, analysing and outlining in a straightforward manner the steps that lawyers, businesses and banks can take when involved in debt recovery. It offers a detailed discussion of national practice and legislation in order to provide context and a deeper understanding of the complex difficulties surrounding the procedural system created by the European Account Preservation Order (EAPO) Regulation.

Planning the Future of Cross Border Families

Author : Ilaria Viarengo
Publisher : Bloomsbury Publishing
ISBN 13 : 1509919880
Total Pages : 976 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Planning the Future of Cross Border Families by : Ilaria Viarengo

Download or read book Planning the Future of Cross Border Families written by Ilaria Viarengo and published by Bloomsbury Publishing. This book was released on 2020-10-15 with total page 976 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is built upon the outcomes of the EUFam's Project, financially supported by the EU Civil Justice Programme and led by the University of Milan. Also involved are the Universities of Heidelberg, Osijek, Valencia and Verona, the MPI in Luxembourg, the Italian and Spanish Family Lawyers Associations and training academies for judges in Italy and Croatia. The book seeks to offer an exhaustive overview of the regulatory framework of private international law in family and succession matters. The book addresses current features of the Brussels IIa, Rome III, Maintenance and Succession Regulations, the 2007 Hague Protocol, the 2007 Hague Recovery Convention and new Regulations on Property Regimes. The contributions are authored by more than 30 experts in cross-border family and succession matters. They introduce social and cultural issues of cross-border families, set up the scope of all EU family and succession regulations, examine rules on jurisdiction, applicable law and recognition and enforcement regimes and focus on the current problems of EU family and succession law (lis pendens in third States, forum necessitatis, Brexit and interactions with other legal instruments). The book also contains national reports from 6 Member States and annexes of interest for both legal scholars and practitioners (policy guidelines, model clauses and protocols).

Practice and Procedure in the Superior Courts

Author : Benedict Ó Floinn
Publisher : Bloomsbury Publishing
ISBN 13 : 1526524937
Total Pages : 2688 pages
Book Rating : 4.5/5 (265 download)

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Book Synopsis Practice and Procedure in the Superior Courts by : Benedict Ó Floinn

Download or read book Practice and Procedure in the Superior Courts written by Benedict Ó Floinn and published by Bloomsbury Publishing. This book was released on 2022-12-31 with total page 2688 pages. Available in PDF, EPUB and Kindle. Book excerpt: This hugely popular title from one of Ireland's leading barristers has been fully updated and revised. Anybody practising in the Superior Courts of Ireland will find it indispensable. The 3rd edition contains the consolidated text of the rules that govern procedure in the Supreme Court, the Court of Appeal and the High Court, together with an accessible and user-friendly commentary on each rule. It is essential for any lawyer whose practice involves any or all of those courts. Each annotation gives details of the reported and unreported decisions of the courts in Ireland, North and South, practice directions and relevant legislative references, including the impact of: - Defamation Act 2009; - Land and Conveyancing Law Reform Act 2009; - Personal Insolvency Act 2012; - Companies Act 2014; - Court of Appeal Act 2014

The Future of the European Law of Civil Procedure

Author : Fernando Gascón Inchausti
Publisher :
ISBN 13 : 9781780688596
Total Pages : 0 pages
Book Rating : 4.6/5 (885 download)

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Book Synopsis The Future of the European Law of Civil Procedure by : Fernando Gascón Inchausti

Download or read book The Future of the European Law of Civil Procedure written by Fernando Gascón Inchausti and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides precious insight into the dynamics of this new approach to consolidating European Civil Justice, clearly outlining the motivations of the various national and institutional players involved and examining potential obstacles likely to be encountered along the way. The book represents a work of reference for anyone involved in academia, practice or law reform in this subject area.

Effective Enforcement of Creditors’ Rights

Author : Masahisa Deguchi
Publisher : Springer Nature
ISBN 13 : 9811656096
Total Pages : 282 pages
Book Rating : 4.8/5 (116 download)

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Book Synopsis Effective Enforcement of Creditors’ Rights by : Masahisa Deguchi

Download or read book Effective Enforcement of Creditors’ Rights written by Masahisa Deguchi and published by Springer Nature. This book was released on 2021-11-27 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: The problem of enforcing a money judgment exists in every legal system in the world, but the methods and orientation vary significantly. Effective enforcement proceedings are crucial to ensure full access to justice for creditors. Complete and full knowledge of the debtors’ assets is crucial to choose the appropriate enforcement measure. But each legal system must balance the creditors’ rights to an efficient enforcement with the debtors’ rights. The wide differences between enforcement proceedings mirror the way each society tries to find a balance between confronting rights and interests. This book explores and compares how different legal systems approach these issues with a focus on the discovery of debtors’ assets, which is a common problem for enforcement and execution proceedings in almost every jurisdiction. This is the first book to compare enforcement proceedings around the world and presents a variety of information and country reports from leading experts from four continents. It represents the joint work of academic and legal authorities from Germany, Japan, Korea, France, the UK, Switzerland, Austria, Spain, Poland, Russia, Greece, North America, Taiwan, Brazil, Argentina, Chile, and the EU.

Boundaries of European Private International Law

Author : Jean-Sylvestre Bergé
Publisher : Primento
ISBN 13 : 2802751646
Total Pages : 745 pages
Book Rating : 4.8/5 (27 download)

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Book Synopsis Boundaries of European Private International Law by : Jean-Sylvestre Bergé

Download or read book Boundaries of European Private International Law written by Jean-Sylvestre Bergé and published by Primento. This book was released on 2015-04-22 with total page 745 pages. Available in PDF, EPUB and Kindle. Book excerpt: European private international law is by now based mainly on a large body of uniform rules such as the Regulations Rome I, Rome II, Brussels I, Brussels I bis. This significant legislative output, however, does not take place in a vacuum. Rules of private international law have been earlier (and still are) adopted at national, international and even European level in scattered regulations and directives. The recent plethora of private international law rules gives rise to issues of delineation and calls for some sort of ordering as gaps, overlaps and contradictions become flagrant. At the same time, the resulting interactions can offer new insight, ideas and even opportunities at a more theoretical level. This book gathers a collection of essays resulting out of a series of international seminars held in Lyon, Barcelona and Louvain-la-Neuve. During those seminars, young researchers selected in an open call for papers had the opportunity to discuss their views among themselves as well as with various specialists of the field, such as more senior academics, EU civil servants, national experts and representatives of other international organisations. The book offers the fresh views of those who will in the future shape the dialectic between the various sources of private international law and attempts to launch a discussion on the “living together” of legal sources. Two ranges of topics are addressed in the book: - firstly, the relationship between EU private international law and national law (substantial and procedural) and/or international law (international instruments of private international law or of uniform substantive law); and - secondly, the relationship between EU private international law and other aspects of EU law (internal market rules of primary law, harmonisation through secondary law and other pieces of legislation enacted in the realm of the area of freedom, security and justice).

Effective Enforcement of Creditors’ Rights

Author : Masahisa Deguchi
Publisher : Springer
ISBN 13 : 9789811656118
Total Pages : 0 pages
Book Rating : 4.6/5 (561 download)

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Book Synopsis Effective Enforcement of Creditors’ Rights by : Masahisa Deguchi

Download or read book Effective Enforcement of Creditors’ Rights written by Masahisa Deguchi and published by Springer. This book was released on 2022-11-29 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The problem of enforcing a money judgment exists in every legal system in the world, but the methods and orientation vary significantly. Effective enforcement proceedings are crucial to ensure full access to justice for creditors. Complete and full knowledge of the debtors’ assets is crucial to choose the appropriate enforcement measure. But each legal system must balance the creditors’ rights to an efficient enforcement with the debtors’ rights. The wide differences between enforcement proceedings mirror the way each society tries to find a balance between confronting rights and interests. This book explores and compares how different legal systems approach these issues with a focus on the discovery of debtors’ assets, which is a common problem for enforcement and execution proceedings in almost every jurisdiction. This is the first book to compare enforcement proceedings around the world and presents a variety of information and country reports from leading experts from four continents. It represents the joint work of academic and legal authorities from Germany, Japan, Korea, France, the UK, Switzerland, Austria, Spain, Poland, Russia, Greece, North America, Taiwan, Brazil, Argentina, Chile, and the EU.

Comparative Recognition and Enforcement

Author : Drossos Stamboulakis
Publisher : Cambridge University Press
ISBN 13 : 100908450X
Total Pages : 303 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Comparative Recognition and Enforcement by : Drossos Stamboulakis

Download or read book Comparative Recognition and Enforcement written by Drossos Stamboulakis and published by Cambridge University Press. This book was released on 2022-11-24 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first detailed analysis of recognition and enforcement of foreign judgments and awards in civil and commercial matters from a transnational perspective. This perspective facilitates greater understanding of the present state of recognition and enforcement and offers insight into the establishment and operation of key modern instruments. This book represents a timely contribution, as instruments harmonising and promoting recognition and enforcement are increasingly being considered and implemented internationally. Many countries have recently reiterated their commitment to improving access to justice and have indicated an intention to sign one or both of the treaties designed to harmonise and promote recognition and enforcement of civil and commercial judgments internationally: the 2005 Choice of Court Convention or the 2019 Judgments Convention. This book is an essential resource for policymakers, scholars, and intergovernmental organisations to understand the nature and origin of recognition and enforcement approaches, as well as their application, interpretation, and future directions.

The European Service Regulation

Author : Apostolos Anthimos
Publisher : Edward Elgar Publishing
ISBN 13 : 1800884028
Total Pages : 379 pages
Book Rating : 4.8/5 (8 download)

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Book Synopsis The European Service Regulation by : Apostolos Anthimos

Download or read book The European Service Regulation written by Apostolos Anthimos and published by Edward Elgar Publishing. This book was released on 2023-06-01 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting a systematic article-by-article commentary on the European Service Regulation (recast), and written by renowned experts from several EU Member States, this book gives guidance for the proper understanding and practical operation of cross-border judicial cooperation in civil and commercial matters within the EU.

Banking and Security Law in Ireland

Author : William Johnston
Publisher : Bloomsbury Publishing
ISBN 13 : 1526518139
Total Pages : 876 pages
Book Rating : 4.5/5 (265 download)

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Book Synopsis Banking and Security Law in Ireland by : William Johnston

Download or read book Banking and Security Law in Ireland written by William Johnston and published by Bloomsbury Publishing. This book was released on 2021-04-09 with total page 876 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shortlisted for the DSBA Law Book of the Year Award 2020 Please note: In order to fully cover the many changes and developments since the first publication of Banking and Security in Ireland, the content has been massively extended. This means that this new edition is split into two titles: Banking and Security in Ireland by William Johnston and Consumer and SME Credit Law in Ireland by Nora Beausang. Both titles are available to purchase now. The long-awaited new edition of Banking and Security Law in Ireland provides a comprehensive update on the law in practice and the pitfalls involved in taking security over land, machinery, agricultural assets, shares, debts, deposits and their registration. This new edition covers the many changes in the 22 years since its first publication. It includes updated case law and legislation (including the new Companies Act) governing the relationship of banker and customer, bank confidentiality, facility letters, payment demands, appointment of receivers and the avoidance of guarantees and security including undue influence case law. (1) Execution including virtual execution and delivery of agreements (2) Impact of waiver of CPs for guarantors of loans, limited recourse loans, covenants and shadow directors, material adverse change clauses and transfers of loans (3) Extensive case law on guarantees and their enforceability over the past 10 years (4) New financial assistance approval procedures brought about by the 2014 Companies Act - commercial benefit in the giving of financial assistance, examinerships and guarantees and independent advice (5) An extensive chapter on security over land dealing with the 2009 Conveyancing Act applicable to charges and what may be excluded, the enforcement of security whether or not registered in the Land Registry as well as collating the many Law Society Practice notes and Regulations particularly on the conflicts of interest and High Court decisions on solicitors' undertakings (6) Updated security treatment on other assets as well as coverage of the EU financial collateral arrangements and the beneficial ownership regulations applicable to security over shares (7) Practical advice on the new registration of security under the Companies Act and the different ways of filing in the CRO as well as priority of security (8) A new chapter on making demands on borrowers and guarantors and the manner of appointing receivers covering also extensive new cases on proving debt and dealing with redacted documents being used by assignees to enforce security. This book's practical style is designed to assist bankers, practising lawyers and compliance professionals in the application of the ever-increasing and complex law of banking and security. Much of the content cannot be found in any other publication. An essential addition to the library of every practitioner and compliance professional in the banking area.

Free Movement of Civil Judgments in the European Union and the Right to a Fair Trial

Author : Monique Hazelhorst
Publisher : Springer
ISBN 13 : 9462651620
Total Pages : 448 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Free Movement of Civil Judgments in the European Union and the Right to a Fair Trial by : Monique Hazelhorst

Download or read book Free Movement of Civil Judgments in the European Union and the Right to a Fair Trial written by Monique Hazelhorst and published by Springer. This book was released on 2017-02-27 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the attainment of complete free movement of civil judgments across EU member states from the perspective of its conformity with the fundamental right to a fair trial. In the integrated legal order of the European Union, it is essential that litigants can rely on a judgment no matter where in the EU it was delivered. Effective mechanisms for cross-border recognition and the enforcement of judgments provide both debtors and creditors with the security that their rights, including their right to a fair trial, will be protected. In recent years the attainment of complete free movement of civil judgments, through simplification or abolition of these mechanisms, has become a priority for the European legislator. The text uniquely combines a thorough discussion of EU legislation with an in-depth and critical examination of its interplay with fundamental rights. It contains an over-view and comparison of both ECtHR and CJEU case law on the right to a fair trial, and provides a great number of specific recommendations for current and future legislation. With its critical discussion of EU Regulations from both a practical and a theoretical standpoint, this book is particularly relevant to legislators and policymakers working in this field. Because of the extensive overview of the functioning of the EU’s mechanisms and of relevant case law it provides, the book is also highly relevant to academics and practitioners. Monique Hazelhorst is Judicial Assistant at the Supreme Court of the Netherlands. She studied Law and Legal Research at Utrecht University and holds a Ph.D. in Law from the Erasmus School of Law at Erasmus University Rotterdam.

The Arrest Conventions

Author : Paul Myburgh
Publisher : Bloomsbury Publishing
ISBN 13 : 1509928294
Total Pages : 385 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Arrest Conventions by : Paul Myburgh

Download or read book The Arrest Conventions written by Paul Myburgh and published by Bloomsbury Publishing. This book was released on 2019-07-25 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Arrest Conventions, signed in 1952 and 1999, play a fundamental role in the worldwide enforcement of maritime claims. Arrest of ships is one of the most distinctive features of international maritime law. It provides a powerful, efficient and effective means of enforcing maritime claims in rem, obtaining sufficient asset security and preserving property pending substantive proceedings. Ship arrest is, however, also a draconian power that cuts across property rights and can cause considerable commercial harm to shipowning interests. This book provides thematic and comparative analysis from leading international commentators on the most significant legal and policy issues, including practical problems arising from the Arrest Convention texts, as well as the direct implementation or indirect 'translation' of the Arrest Conventions into domestic legal systems. It critically analyses the political and historical development of the Conventions, explores the key concepts underpinning the Arrest Convention frameworks and considers the future of ship arrest.

Enforcement fees: clear, transparent and reasonable

Author : Jos Uitdehaag
Publisher : BoD - Books on Demand
ISBN 13 : 2322161330
Total Pages : 102 pages
Book Rating : 4.3/5 (221 download)

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Book Synopsis Enforcement fees: clear, transparent and reasonable by : Jos Uitdehaag

Download or read book Enforcement fees: clear, transparent and reasonable written by Jos Uitdehaag and published by BoD - Books on Demand. This book was released on 2018-09-14 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author made an overview of the various visions regarding the structure of enforcement costs in the UIHJ member countries. This publication also gives an overview of international principles regarding a clear, transparent and reasonable fee structure. Finally, this publication does suggestions for the establishment of a fair fee structure.

Brussels Ibis Regulation

Author : Vesna Lazić
Publisher : Springer
ISBN 13 : 9462651477
Total Pages : 152 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Brussels Ibis Regulation by : Vesna Lazić

Download or read book Brussels Ibis Regulation written by Vesna Lazić and published by Springer. This book was released on 2016-11-24 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on major amendments introduced in the Brussels I regulatory framework. The contributions scrutenise the changes introduced in the Brussels Ibis Regulation, a legal instrument that presents a core of the unification of private international law rules on the European Union level. It is one of the first publications addressing all the changes in the Brussels I regulatory scheme, which takes into consideration relevant CJEU case law up to July 2016. The texts, written by legal scholars who have published extensively in the field of private international law and international civil procedure, will add to the development of EU private international law. In addition, the authors’ critical analysis may open further discussions on the topic and so benefit a consistent and harmonised application of the Regulation. In this respect the book takes a different approach than the commentaries which have so far been published. It is primarily meant for legal academics in private international law and practitioners who are regularly engaged in cross-border civil proceedings. It may also be of added value to advanced students and to those with a particular interest in the subject of international litigation and more generally in the area of dispute resolution. Vesna Lazić is a Senior Researcher at the T.M.C. Asser Instituut, an Associate Professor of Private Law at Utrecht University and Professor of European Civil Procedure at the University of Rijeka. Steven Stuij is an expert in Private International Law and an external Ph.D. candidate at Erasmus School of Law, Rotterdam.

International Dispute Resolution

Author : Vesna Lazić
Publisher : Springer
ISBN 13 : 946265252X
Total Pages : 127 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis International Dispute Resolution by : Vesna Lazić

Download or read book International Dispute Resolution written by Vesna Lazić and published by Springer. This book was released on 2018-07-26 with total page 127 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div

The Private International Law of Authentic Instruments

Author : Jonathan Fitchen
Publisher : Bloomsbury Publishing
ISBN 13 : 1509907629
Total Pages : 504 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Private International Law of Authentic Instruments by : Jonathan Fitchen

Download or read book The Private International Law of Authentic Instruments written by Jonathan Fitchen and published by Bloomsbury Publishing. This book was released on 2020-11-26 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: This helpful book will equip the lawyer – whether notary, barrister or solicitor – with the legal information necessary to understand what an authentic instrument is (and what it is not), what it can (and what it cannot) be used to do in the course of contentious or noncontentions legal proceedings. The book takes a two part approach. Part one focuses on an explanation of the nature of the foreign legal concept of an authentic instrument, setting out the modes of creation, typical domestic evidentiary effects and the typical domestic options to challenge such authentic instruments. Part two then examines and analyses authentic instruments under specific European Union private international law regulations, focusing on the different cross-border legal effects allowed and procedures that apply to each such. Rigorous, authoritative and comprehensive, this will be an invaluable tool to all practitioners in the field.