Fair-In-Debt

Fair-In-Debt: Fair and Innovative Cross-border Recovery with Out-of-Court Enforcement Titles

About the project: Relevance & General Objectives

The Fair-In-Debt project focuses on the cross-border recognition and enforcement of foreign enforcement titles that are not court decisions within the legal area of the European Union. It builds on the development of the European legal framework, in particular the Brussels I bis Regulation (1215/2012), which governs the circulation of authentic instruments, as well as other instruments such as the European Enforcement Order Regulation (805/2004) and the Succession Regulation (650/2012). Despite the abolition of exequatur under Brussels I bis Regulation, practice shows that the cross-border effects of notarial deeds, other authentic instruments, and private instruments with enforceable effect (such as bills of exchange, promissory notes, or mediation agreements) remain complex, unevenly implemented, and frequently burdened by interpretative difficulties. The project therefore provides a comprehensive and comparative analysis of how out-of-court enforcement titles are created and enforced across the Member States, including innovative digital approaches, and examines the procedural safeguards ensuring the fair creation of an enforceable title as well as the level of protection of the parties’ rights in the Member State of enforcement. It does not aim at harmonising national legal frameworks; rather, it fully respects the diversity of legal traditions (including systems without a Latin-type notariat) and seeks to enhance transparency, accessibility, and mutual understanding of existing solutions.

Project partners

COORDINATOR:

Faculty of law, University of Maribor, Slovenia

BENEFICIARIES:

UNIVERSITAET GRAZ (UNI GRAZ)
GOTTFRIED WILHELM LEIBNIZ UNIVERSITAET HANNOVER (LUH)
UNIVERSITEIT MAASTRICHT (UNI MAAS)
UNIWERSYTET WROCLAWSKI (UWr)
SVEUCILISTE U RIJECI, PRAVNI FAKULTET (UNIRI)
UPPSALA UNIVERSITET (UU)
UNIVERSITE DE TOURS (UT)
UNIVERSITA DEGLI STUDI DI PADOVA (UNIPD)
UCLAN CYPRUS LIMITED (UCLan Cyprus)
BOLEO GLOBAL SL (BOLEO GLOBAL)
INSTITUT ZA PRIMERJALNO PRAVO PRI PRAVNI FAKULTETI V LJUBLJANI (IPP PF LJUBLJANA)
CENTER ZA PRAVNO INFORMATIKO IN SVETOVANJE, POSREDNISTVO, RAZISKOVANJE, STORITVE IN IZOBRAZEVANJE DOO (CEPRIS)

Co-funded by the European Union. Views and opinions expressed are however those of the authors only and do not necessarily reflect those of the European Union or the Directorate General Justice and Consumers (DG JUST). Neither the European Union nor DG JUST can be held responsible for them.