Publish date: petek, 1. marec 2024 | Expiration date: ponedeljek, 1. julij 2024
The book discusses and comments on the issues and problems that arise when foreign judgments in the area of property law are recognised and enforced in Sweden, based on the supranational rules of the 2012 Brussels I Regulation, the 2007 Lugano Convention, the 2005 Hague Convention and the 2019 Hague Convention, and partly on Swedish private international law and procedural law. In recent years, it can be said that these legal issues have undergone a lively development.
The book will be of indispensable help to Swedish companies, lawyers and other legal advisers, as well as to courts and other authorities dealing with the recognition and enforcement of foreign judgments, which have to assess legal issues that often give rise to numerous problems in this respect.
The author of the book, Marie Linton, Associate Professor at Uppsala University Faculty of Law and President of the Swedish Comparative Law Association has published in Sweden and abroad in numerous journals and edited books on primarily issues on private international law and international civil procedure, as well as matters relating to university education. She has been involved in a number of projects within the Institute Access to Civil Justice. She is also currently participating in a European Union project called Digi-guard, coordinated by the Faculty of Law University of Maribor and by the Institute Access to Civil Justice (ACJ).
It should also be recalled that the Uppsala University in Sweden recently awarded an honorary doctorate to Prof. Dr. Dr. h.c. mult. Vesna Rijavec, Vice Dean of the Faculty of Law of the University of Maribor for International Cooperation and Promotion.
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Publish date: petek, 1. marec 2024 | Expiration date: ponedeljek, 1. julij 2024
Monograph (i) explains the significance of the fact that judicial cooperation 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 the enforcement 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 will provide 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.
The author of the book, Wendy Kennett is a professor at School of Law and Politics at University of Cardiff and one of the Associate Members of the Institute Access to Civil Justice of the Faculty of Law, University of Maribor. She is currently teaching Contract at undergraduate level and International Commercial Arbitration on the LLM programme. Her work on civil procedure and enforcement is also widely internationally recognised.
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You are kindly invited to read the book!
Publish date: petek, 1. marec 2024 | Expiration date: ponedeljek, 1. julij 2024
Springer published a new scientific monograph "Diversity of Enforcement Titles in the EU" co-edited by prof. dr. Vesna Rijavec, prof. dr. Tomaž Keresteš, prof. dr. Tjaša Ivanc (University of Maribor) and dr. Wendy Kennet (University of Cardiff). The monograph presents a collection of 17 chapters, written by 23 authors and is divided into 5 parts, primarily focusing on European civil procedure law, especially on the diversity of enforcement titles.
As first, the book offers some general considerations and presents attempts at a systemisation of enforcement titles. The authors have drawn content from the data collected within the project "Diversity of Enforcement titles in cross-border debt collection in the EU" - EU-En4s of the institute Access to Civil Justice (ACJ).
The 5 parts the monograph is divided into are:
- Part I: General considerations and Classification of Enforcement Titles
- Part II: Judgement
- Part III: Effects of Judgements
- Part IV: Court Settlements and Authentic Instruments
- Part V: Other Cross-Border Considerations
The monograph also contains several chapters authored by teachers and senior staff of the Faculty of Law of the University of Maribor and the Institute Access to Civil Justice (ACJ):
- Vesna Rijavec: Enforcement Titles Under Brussels I bis Regulation from National to EU Frameworks ter Pendency Rules
- Tomaž Keresteš: Enforcement Titles in the EU: Common Core After All?
- Tjaša Ivanc in Denis Baghrizabehi: Related Actions
- Katja Drnovšek: Comparative View on the Divergence of Structure and Substance of Judgements
- Denis Baghrizabehi: Searching for Res Judicata at the Edges of National Procedural Autonomy
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.
The book can be ordered in e-form as well as in physical form.
