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Evidence in Contemporary Civil Procedure - Fundamental Issues in a Comparative Perspective (Paperback): C.H.Van Rhee, Alan... Evidence in Contemporary Civil Procedure - Fundamental Issues in a Comparative Perspective (Paperback)
C.H.Van Rhee, Alan Uzelac; Contributions by Alan Uzelac, C.H.Van Rhee, Ales Galic, …
R2,395 Discovery Miles 23 950 Ships in 10 - 15 working days

A book series devoted to the common foundations of the European legal systems. The Ius Commune Europaeum series includes comparative legal studies as well as studies on the effect of treaties within national legal systems. All areas of the law are covered. The books are published in various European languages under the auspices of METRO, the Institute for Transnational Legal Research at Maastricht University. This book discusses the impact of EU law on selected national legal systems. The authors analyse how the civil procedure system of their country has reacted to increasing Europeanisation and influence of EU law. They identify significant changes and disseminate the reasons for particular developments and the further implications of EU law on the civil procedure.Europe is in a period of increasing Europeanisation of civil procedure. Procedural elements of EU law are based on decentralised enforcement, leaving enforcement and procedural issues to the Member States. Consequently, there is vast amount of EU case law that is relevant for national procedural law. The supremacy of EU law and, inter alia, the requirements of effectiveness and equivalence may be relevant for several topics of national civil procedural law, for example ex officio application of EU law, enforcement, insolvency proceedings, evidence, etc. Both EU legislation and doctrinal changes in EU case law touch upon various topics of the procedural law of the Member States. In a concluding chapter, a more comprehensive comparison between the countries represented in the book is made. Which doctrines, which pieces of legislation or features in legislation pose problems for national civil procedure? Are some legal systems or topics more prone to integrate European rules, and are others more resistant to changes? This book displays the Europeanisation of national civil procedure law and helps to understand this development from the perspective of Member States.

Cross-Border Enforcement in Europe: National and International Perspectives (Paperback): Vesna Rijavec, Katja Drnovsek, C.H.Van... Cross-Border Enforcement in Europe: National and International Perspectives (Paperback)
Vesna Rijavec, Katja Drnovsek, C.H.Van Rhee; Contributions by Vesna Rijavec, Katja Drnovsek, …
R2,078 Discovery Miles 20 780 Ships in 10 - 15 working days

The volume addresses the enforcement of judgments and other authentic instruments in a European cross-border context, as well as enforcement in a selection of national European jurisdictions. The volume is divided into two parts. Part I on 'Cross-border Enforcement in Europe' opens with a contribution comparing the European approach in Brussels I Recast with the US experience of enforcement in the context of judicial federalism. This is followed by two contributions concentrating on aspects of Brussels I Recast, specifically the abolition of exequatur and the grounds for refusal of foreign judgments (public order and conflicting decisions). The two concluding texts in this part deal with the cross-border enforcement of notarial deeds and the sister regulation of Brussels I Recast, Brussels II bis (jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility). Part II is devoted to aspects of (cross-border) enforcement in a selection of European states (Poland, the Czech Republic, the Netherlands, Slovenia and the Republic of North Macedonia). The topics discussed include the authorities entrusted with enforcement, judicial assistance and the national rules relevant from the perspective of Brussels I Recast. This book is important for practitioners involved in cross-border enforcement and academics working within an international comparative legal context.

Remedies Concerning Enforcement of Foreign Judgements - Brussels I Recast (Hardcover): Vesna Rijavec Remedies Concerning Enforcement of Foreign Judgements - Brussels I Recast (Hardcover)
Vesna Rijavec
R4,370 Discovery Miles 43 700 Ships in 18 - 22 working days
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