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Vol 22 No 7 July/August 2017

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Manual of Housing Law

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Simplification of Debt Collection in the EU

Edited by: Vesna Rijavec, Tomaz Kerestes, Tjasa Ivanc

ISBN13: 9789041148544
Published: September 2014
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £136.00



Despatched in 9 to 11 days.

Following the venerable principle that “justice delayed is justice denied”, the European Council has called for “further reduction of the intermediate measures which are still required to enable the recognition and enforcement of a decision or judgment”, and the Commission has also emphasised that the traditional exequatur required to enforce debt collection is an obstacle to the free circulation of judgments, entails unnecessary costs and delays for the parties, and discourages companies and citizens. However, even EU law cannot break the classic division between trial in the Member State of origin and enforcement in the Member State of enforcement. Efficiency of enforcement remains a national matter.

This in-depth commentary and analysis on the three main EU regulations facilitating cross-border debt collection compares them amongst themselves and with the solutions relating to recognition and enforcement in the enacted but not yet enforced Recast Brussels I Regulation. In country-by-country analyses written by local experts, the implementation of these measures in 13 Member States is accompanied with evaluation of national summary procedures. Emphasis throughout is on the analysis of legal remedies safeguarding the rights of parties, as access to remedies is among the chief factors determining the speed and success of proceedings.

Among the issues and topics covered are the following:

  • how to easily choose a competent court;
  • service of documents;
  • state of IT operational options in judicial procedures;
  • safeguarding the debtor’s rights;
  • non-compliance with jurisdiction concerning insurance, consumer contracts, and contracts of employment;
  • changes of parties and legal succession during the procedure;
  • interim decisions;
  • small claims procedure;
  • electronic enforcement procedure;
  • opposition by the defendant;
  • effects of the absence of timely defence;
  • appeal against judgment; and
  • problems caused by language and by different definitions of key notions.
For practitioners and academics, the book represents a giant step forward in the further legal development of this area, showing to what extent the abolition of exequatur facilitates debt recovery and what other options might be available. Taken together, the national studies show that the European special procedures could replace, with advantage, national procedures of similar nature and even introduce much more efficient and fair ways of debt collection. Policymakers, regulators, and legislators will be encouraged to undertake measures to facilitate cooperation between authorities and still ensure the judicial protection of individual rights, yet leaving the reserved legislative area of the Member States intact.

Subjects:
Insolvency Law, EU Law
Contents:
Chapter 1 Introductory Chapter.
Chapter 2 Austria
Chapter 3 Germany
Chapter 4 Czech Republic
Chapter 5 Poland
Chapter 6 France:
Chapter 7 Belgium
Chapter 8 Netherlands
Chapter 9 Italy
Chapter 10 Portugal
Chapter 11 Finland
Chapter 12 Sweden
Chapter 13 Croatia
Chapter 14 Slovenia
Chapter 15 Slovenia
Index.

Series: European Monographs

£108.00
European Contract Law and German Law ISBN 9789041125880
Published January 2014
Kluwer Law International
£164.00
General Principles of EU Law eand European Private Law ISBN 9789041146830
Published December 2013
Kluwer Law International
£88.00
Citizenship Rights and Freedom of Movement in the European Union ISBN 9789041146601
Published June 2013
Kluwer Law International
£84.00
EU Higher Education Law: The Bologna Process and Harmonization by Stealth ISBN 9789041133656
Published February 2011
Kluwer Law International
£80.00
The Eclipse of the Legality Principle in the European Union ISBN 9789041132628
Published December 2010
Kluwer Law International
£84.00
EU Law and Obesity Prevention ISBN 9789041127068
Published October 2010
Kluwer Law International
£100.00
EU Law and Harmonization of Takeovers in the Internal Market ISBN 9789041133403
Published September 2010
Kluwer Law International
£83.00
The Ne Bis in Idem Principle EU Law: Conceptual Jurisprudential ISBN 9789041131560
Published August 2010
Kluwer Law International
£76.00
The European Union Legal Order after Lisbon ISBN 9789041131522
Published May 2010
Kluwer Law International
£104.00
Directory of EU Case Law on the Preliminary Ruling Procedure ISBN 9789041131508
Published August 2009
Kluwer Law International
£119.00
Multilingual Interpretation of European Community Law ISBN 9789041128539
Published June 2009
Kluwer Law International
£76.00
Reverse Discrimination in EC Law ISBN 9789041127518
Published February 2009
Kluwer Law International
£76.00
General Principles of EC Law in a Process of Development ISBN 9789041127051
Published June 2008
Kluwer Law International
£108.00
Impact Assessment in EU Lawmaking ISBN 9789041127204
Published May 2008
Kluwer Law International
£104.00
External Relations Law of the European Community ISBN 9789041126047
Published March 2008
Kluwer Law International
£130.00
EU Enlargement and the Failure of Conditionality ISBN 9789041126962
Published February 2008
Kluwer Law International
£112.00
Free Movement Of Persons Within The European Community 2nd ed ISBN 9789041125453
Published June 2007
Kluwer Law International
£109.00
Competition Law and Consumer Protection ISBN 9789041123800
Published May 2005
Kluwer Law International
£138.00
The Optimal Enforcement of EC Antitrust Law
ISBN 9789041117571
Published April 2004
Kluwer Law International
£111.00
Dealing with Dominance: The Experience of National Competition Authorities ISBN 9789041122117
Published March 2004
Kluwer Law International
£134.00
Communications in EU Antitrust Law ISBN 9789041119742
Published March 2003
Kluwer Law International
£138.00
Regional State Aid and Competition Policy ISBN 9789041119759
Published February 2003
Kluwer Law International
£95.00
Nationality Discrimination in the European Internal Market ISBN 9789041119988
Published January 2003
Kluwer Law International
£83.00
Takeover Law in the EU and the USA ISBN 9789041119193
Published September 2002
Kluwer Law International
£93.00
The European Union in Search of a Democratic and Constitutional Theory ISBN 9789041118721
Published August 2002
Kluwer Law International
£151.00
EU Regulation and Transatlantic Trade ISBN 9789041118714
Published August 2002
Kluwer Law International
£123.00
Judicial Protection Through the Use of Article 288(2)EC ISBN 9789041118233
Published August 2002
Kluwer Law International
£128.00
Cross Border Insolvencies in EU, English and Belgian Law ISBN 9789041118882
Published July 2002
Kluwer Law International
£106.00
Police and Justice Co-operation and the New European Borders
ISBN 9789041118936
Published July 2002
Kluwer Law International
£128.00
The Liberalization of Postal Services in the European Union
ISBN 9789041117809
Published May 2002
Kluwer Law International
£158.00
Multilevel Governance in the European Union
ISBN 9789041118127
Published April 2002
Kluwer Law International
£93.00
Europe and Refugees: Towards an EU Asylum Policy ISBN 9789041117090
Published March 2002
Kluwer Law International
£111.00
European Cooperation Between Tax, Customs and Judicial Authorities ISBN 9789041117472
Published December 2001
Kluwer Law International
£106.00
Towards an EU Right to Education ISBN 9789041116703
Published October 2001
Kluwer Law International
£158.00
The Liberalization of Electricity and Natural Gas in the European Union ISBN 9789041115607
Published June 2001
Kluwer Law International
£123.00
Convergence of Competition Laws and Policies in the European Community
ISBN 9789041115621
Published February 2001
Kluwer Law International
£128.00
General Principles of European Community Law
Edited by: Ulf Bernitz
ISBN 9789041114020
Published June 2000
Kluwer Law International
£111.00
European Defence Procurement Law ISBN 9789041111678
Published July 1999
Kluwer Law International
£109.00
Public Procurement ISBN 9789041111616
Published May 1999
Kluwer Law International
£109.00
Principles of Proportionality in European Law ISBN 9789041108661
Published June 1998
Kluwer Law International
£141.00
Current and Future Perspectives on EC Competition Law
ISBN 9789041106919
Published October 1997
Kluwer Law International
£107.00
The Evolving Concept of Community Citizenship ISBN 9789041108784
Published July 1996
Kluwer Law International
£141.00
National Parliaments as Cornerstones of European Integration
ISBN 9789041108982
Published May 1996
Kluwer Law International
£101.00
State Entrepreneurship, National Monopolies and European Community Law
ISBN 9789065447739
Published July 1995
Kluwer Law International
£86.00
Financial and Monetary Integration in the EEC
ISBN 9789065447180
Published July 1995
Kluwer Law International
£90.00
The Legislative Process in the EC ISBN 9789065446909
Published July 1995
Kluwer Law International
£91.00
The Agricultural Law of the EC ISBN 9789065448675
Published October 1994
Kluwer Law International
£146.00
Culture and Community Law ISBN 9789065446381
Published July 1994
Kluwer Law International
£89.00
The European Economic Area: EC-EFTA
Edited by: Jules Stuyck
ISBN 9789065448156
Published June 1994
Kluwer Law International
£86.00