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In the legal areas of contractual claims and tax claims, various requirements exist in European Community law and in applicable conventions for the recognition and enforceability of foreign titles of execution, judgements and decisions. Besides the requirement that a foreign title of execution should fall under its particular scope of application, territorial scope, scope of claims, and scope in time, there are often additional requirements and limitations that give rise to both possibilities and restrictions, and play an important role in determining the enforceability or non-enforceability of claims. Consequently, an early analysis related to these provisions is a crucial step in assessing the possibility of success or risk of failure.
Also, this book focuses on preventive security arrangements and precautionary measures that offer creditors the widest possible assurance of obtaining an enforceable cross border title of execution and recovering claims in the event of non-payment by the debtor – all while adhering closely to such guiding principles as efficiency, legal certainty, predictability, and the establishment of a proper balance between the interests of the claimant and the defendant. The author pays close attention to relevant factors as the following:-
Mikael Berglund, born in 1956, graduated at the Law School of the University of Stockholm and has become a Doctor of Laws in 2008 at the Stockholm School of Economics. He has practiced in court and as a private lawyer. Since 1993 he has been specializing in the legal areas of international enforcement of private and public claims at the Swedish Enforcement Authority.