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Simplification of Debt Collection in the EU

Simplification of Debt Collection in the EU

作者： Vesna Rijavec; Tomaz Kerestes; Tjasa Ivanc
出版商： Kluwer Law International
ISBN: 9789041148544
出版时间 September 2014
规格： Hardback , 616 pages
适应领域： European Union ? 免责申明：
Countri(es) stated herein are used as reference only

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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.
List of Editors and Contributors.

Preface.

CHAPTER 1 Introductory Chapter. Vesna Rijavec, Jorg Sladicˇ & José Caramelo Gomes.

CHAPTER 2 Austria: Vereinfachte Forderungsbetreibung in Österreich. Wolfgang Jelinek.

CHAPTER 3 Germany: Vereinfachte Forderungsbetreibung in Deutschland. Joachim Münch & Meik Thöne.

CHAPTER 4 Czech Republic: Simplification of Debt Collection in Czech Republic – National and EU Perspective. Petr Lavický.

CHAPTER 5 Poland: Simplification of Debt Collection in Poland – National and EU Perspective. Piotr Fiedorczyk & Katarzyna Bagan-Kurluta.

CHAPTER 6 France: Simplification of Debt Collection in France – National and EU Perspective. Martin Oudin.

CHAPTER 7 Belgium: Simplification of Debt Collection in Belgium – National and EU Perspective. Erik De Caluwé.

CHAPTER 8 Netherlands: Debt Collection in the Netherlands from a National and EU Perspective. Fokke Fernhout.

CHAPTER 9 Italy: Simplification of Debt Collection in Italy – National and EU Perspectives.Elisabetta Silvestri.

CHAPTER 10 Portugal: Simplification of Debt Collection in Portugal – National and EU Perspective. José Caramelo Gomes, Maria João Mimoso, Noémia Bessa Vilela & Cláudia Cordeiro de Almeida.

CHAPTER 11 Finland: Simplification of Debt Collection in Finland – National and EU Perspective. Maarit Leppänen & Asko Välimaa.

CHAPTER 12 Sweden: Simplification of Debt Collection in Sweden – National and EU Perspective. Mikael Berglund.

CHAPTER 13 Croatia: Simplification of Debt Collection in Croatia – National and EU Perspective. Jasnica Garašic´.

CHAPTER 14 Slovenia: Simplification of Debt Collection in the EU – European Order for Payment Procedure and European Small Claims Procedure. Tomaž Keresteš & Andrej Ekart.

CHAPTER 15 Slovenia: Barriers to Full Computerisation of Judicial Proceedings in Slovenia.Tjaša Ivanc, Urška Kežmah & Boštjan Kežmah.

Index.

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