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Enforcement and Enforceability

Tradition and Reform

Book | 1st edition 2010 | World | C.H. van Rhee, Alan Uzelac
Description

Enforcement of court judgments and other enforceable documents was until about a decade ago a relatively neglected subject, both as a topic of systematic and comparative legal research, and as an area for harmonization at the regional and international level. This situation has changed somewhat in the first years of the third millennium, which may be attributed to the encounter with massive inefficiencies of the mechanisms of legal protection in a number of European countries.

The ambition of this book is to contribute to the efforts devoted to the comparative study and research in the area of enforcement. The book aims at supplying a number of perspectives on the development of enforcement practices and structures, mainly in Europe. The articles are written by experts from legal academia and professionals involved in enforcement practice. New trends are highlighted by pointing to the contrasts of static, slowly changing traditional perspectives, and the dynamic trends of reforms that may be observed throughout the various jurisdictions under discussion.

Technical info
More Information
Type of product Book
Format Paperback
EAN / ISSN 9789400000735
Series name Ius Commune Europaeum
Weight 630 g
Status Available
Number of pages xxxiii + 334 p.
Access to exercice No
Publisher Intersentia
Language English
Publication Date May 10, 2010
Available on Jurisquare No
Available on Strada Belgique No
Available on Strada Europe No
Available on Strada Luxembourg No
Chapters

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  • Table of Contents
  • PART I: ENFORCEMENT IN A EUROPEAN AND TRANS-NATIONAL CONTEXT
  • Attitudes of European Union Member States towards the Harmonisation of Civil Procedure
    Mirjam Freudenthal
  • Enhancing Enforcement in the European Union. The European Order for Payment Procedure and Its Implementation in the Member States, Particularly in Germany, the Netherlands, and England
    Xandra Kramer
  • Different Enforcement Structures
    Esther Sánchez Coro
  • Enforcement in the Western Balkans and its Compatibility with the Human Rights Standards of the Council of Europe
    Jos Uitdehaag
  • Privatization of Enforcement Services – A Step forward for Countries in Transition?
    Alan Uzelac
  • Implementation of European Civil Procedural Regulations in the Case Law of Slovenian Courts
    Nina Betetto
  • How to implement Common Standards of Enforcement Law?
    Mathieu Chardon
  • PART II: ENFORCEMENT IN A NATIONAL CONTEXT
  • The System of Enforcement of Civil Judgments in England
    Neil Andrews, Robert Turner
  • A Model for an Enforcement Regime. The High Court Enforcement Officers of the Supreme Court of England and Wales
    Robert Turner
  • Enforcement in France: an Overview of Legislation and Practice
    Mathieu Chardon
  • Training Judicial Officers in France
    Mathieu Chardon
  • The History of the ‘Huissier de Justice’ in the Low Countries
    C.H. van Rhee
  • The Dutch Court Bailiffs Act Eight Years after its Introduction
    A.W. Jongbloed
  • The Devil is in the Details: Remarks on Italian Enforcement Procedures
    Elisabetta Silvestri
  • Enforcement in Russia: A Short Outline
    Vladimir V. Yarkov, Vadim Abolonin
  • Reform of the Enforcement Procedure in the Republic of Macedonia
    V. Babunski
  • Avenues for Enforcement and Execution of Judgments in the United States
    Natasa Pajic
  • PART III: SPECIAL ISSUES: SELF-COMPLIANCE, ENFORCEABILITY IN MEDIATION AND FAMILY LAW, CIVIL IMPRISONMENT, COMBINED PROCEEDINGS, COSTS OF ENFORCEMENT
  • Procedural Fairness and Compliance
    Remme Verkerk
  • Enforcing Mediated Settlements in Europe
    Rob Jagtenberg, Annie De Roo
  • Enforcement of Contact Orders concerning Children
    Branka Resetar
  • Civil Arrest as a Means of Enforcement of Civil Judgments: Dickensian or Indispensable?
    Bob Assink, Marc Dekkers, Niels Pepels, Fokke Fernhout
  • Enforcement of Civil Claims in Criminal Litigation: The Norwegian Example
    Jon Johnsen
  • Fee Systems for Enforcement Agents
    John Marston