Cross-Border Litigation in Europe, Paul Beaumont, Mihail Danov, Katarina Trimmings, Burcu Yuksel
Автор: Kennett, Wendy Название: Enforcement of judgments in europe ISBN: 0198298196 ISBN-13(EAN): 9780198298199 Издательство: Oxford Academ Рейтинг: Цена: 36432.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Combining analysis of the EU`s moves towards harmonization of civil procedure and execution of judgments with a comparative survey of existing arrangements for enforcement in representative European jurisdictions (England, Germany, France, Sweden, Spain), this book will be of interest both to academics and to litigation specialists in practice.
Название: Cross-Border Litigation in Europe ISBN: 1782256768 ISBN-13(EAN): 9781782256762 Издательство: Bloomsbury Academic Рейтинг: Цена: 20592.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This substantial and original book examines how the EU Private International Law (PIL) framework is functioning, and it considers its impact on the administration of justice in cross-border cases within the EU. Cross-Border Litigation in Europe grew out of a major project (EUPILLAR-European Union Private International Law: Legal Application in Reality) financially supported by the EU Civil Justice Programme. The research was led by the Centre for Private International Law at the University of Aberdeen and involved partners from the Universities of Freiburg, Antwerp, Wroclaw, Leeds, Milan, and Madrid (Complutense). The contributors address the specific features of cross-border disputes in the EU by undertaking a comprehensive analysis of the Court of Justice of the EU (CJEU) and national case law on the Brussels I, Rome I and II, Brussels IIa, and Maintenance Regulations. Part I discusses the development of the EU PIL framework. Part II contains the national reports from 26 EU Member States. Parts III (civil and commercial) and IV (family law) contain the CJEU case law analysis and several cross-cutting chapters. Part V briefly sets the agenda for an institutional reform which is necessary to improve the effectiveness of the EU PIL regime. This comprehensive research project will be of interest to researchers, students, legal practitioners, judges, and policy-makers who work, or are interested, in the field of private international law. (Series: Studies in Private International Law, Vol. 20) Subject: Private International Law, European Law, Litigation & Civil Procedure]
Автор: Pierre-Henri Conac, Martin Gelter Название: Global Securities Litigation and Enforcement ISBN: 1107108608 ISBN-13(EAN): 9781107108608 Издательство: Cambridge Academ Рейтинг: Цена: 37541.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book provides a clear and exhaustive description of the national regime for the enforcement of securities legislation in case of misrepresentation on financial markets. It will be an invaluable resource for academics and students of securities litigation, as well as for lawyers, policy-makers and regulators.
This book is built upon the outcomes of the EUFam's Project, financially supported by the EU Civil Justice Programme and led by the University of Milan. Also involved are the Universities of Heidelberg, Osijek, Valencia and Verona, the MPI in Luxembourg, the Italian and Spanish Family Lawyers Associations and training academies for judges in Italy and Croatia. The book seeks to offer an exhaustive overview of the regulatory framework of private international law in family and succession matters. The book addresses current features of the Brussels IIa, Rome III, Maintenance and Succession Regulations, the 2007 Hague Protocol, the 2007 Hague Recovery Convention and new Regulations on Property Regimes. The contributions are authored by more than 30 experts in cross-border family and succession matters. They introduce social and cultural issues of cross-border families, set up the scope of all EU family and succession regulations, examine rules on jurisdiction, applicable law and recognition and enforcement regimes and focus on the current problems of EU family and succession law (lis pendens in third States, forum necessitatis, Brexit and interactions with other legal instruments). The book also contains national reports from 6 Member States and annexes of interest for both legal scholars and practitioners (policy guidelines, model clauses and protocols).
Описание: Though based on traditional private international law, this book takes a modern approach, discarding academic theory and emphasizing the practical requirements of present-day business. To do this, it adopts a comparative stance, providing material on US and Commonwealth law, as well as the core areas of English and EU law.
Автор: Juutilainen Teemu Название: Secured Credit in Europe ISBN: 1509910069 ISBN-13(EAN): 9781509910069 Издательство: Bloomsbury Academic Рейтинг: Цена: 15840.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This monograph seeks the optimal way to promote compatibility between systems of proprietary security rights in Europe, focusing on security rights over tangible movables and receivables. Based on comparative research, it proposes how best to tackle cross-border problems impeding trade and finance, notably uncertainty of enforceability and unexpected loss of security rights. It offers an extensive analysis of the academic literature of more recent years that has appeared in English, German, the Scandinavian languages and Finnish. The author organises the concrete means of promoting compatibility into a centralised substantive approach, a centralised conflicts-approach, a local conflicts-approach and a local substantive approach. The centralised approaches develop EU law, and the local approaches Member State laws. The substantive approaches unify or harmonise substantive law, while the conflicts approaches rely on private international law. The author proposes determining the optimal way to promote compatibility by objective-based division of labour between the four approaches. The objectives developed for that purpose are derived from the economic functions of security rights, the conditions for legal evolution and a transnational conception of justice. This book is an important contribution to the future of secured transactions law in Europe and more widely. It will be of interest to academics, policymakers and legal practitioners involved in this field.
In recent decades, the rise in cross-border law violations has harmed numerous victims around the globe. The damages are often dispersed and low-level. As a result, the private enforcement gap has deepened and collective redress represents an interesting procedural instrument that is able to provide effective access to justice.
This book analyses thoroughly the dominant collective redress models adopted in the EU. Data from 13 Member States has been catalogued and categorised. The research mainly focuses on the consumer law field but frequent references to financial and data protection-related cases are made. The dominant collective redress models are then studied from a private international law perspective. In particular, the book highlights the current mismatch between collective redress on the one hand, and rules on international jurisdiction on the other. Additionally, it notes that barriers to cross-border litigation remain significant for victims and their representatives. The unprecedented empirical study included in this book confirms that statement. Observing that EU measures have not satisfactorily lowered those barriers, the author proposes the creation of a new head of jurisdiction for cases of international collective redress.
This book will be of interest to private international law scholars, researchers, students, legal practitioners, judges and policy-makers. It is a reference point for those with an interest in cross-border collective redress in particular, and private international law in general.
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