Cross-border enforcement of claims in the EU

In the legal areas of contractual claims and tax claims, various requirements exist in EU law and in applicable conventions for the recognition and enforceability of foreign titles of execution, judgments and decisions. Besides the requirements that a foreign title of execution should fall under its particular scope of application, territorial scope, scope of claims, and scope in time, there are often additional requirements and limitations that give rise to possibilities and restrictions, and play an important role in determining the enforceability or non-enforceability of claims. Consequently, an early analysis related to these provisions is a crucial step in assessing the possibility of success or risk of failure. Also, this book focuses on preventive security arrangements and precautionary measures that offer the creditors the widest possible assurance of obtaining an enforceable cross-border title of execution and recovering claims in the event of non-payment by the debtor-- all while adhering closely to such guiding principles as efficiency, legal certainty, predictability, and the establishment of a proper balance between the interests of the claimant and the defendant.

Year

2009

Language

English

Series

European monographs -- 65

Publisher

Kluwer Law Inernational

Editions

4

Pages

389

ISBN

9789041145642

Data source: Wikidata