Civil Jurisdiction and Judgments in Europe
Author | : Trevor Clayton Hartley |
Publisher | : |
Total Pages | : 569 |
Release | : 2019 |
Genre | : |
ISBN | : 9780191879807 |
Download Civil Jurisdiction And Judgments In Europe full books in PDF, epub, and Kindle. Read online free Civil Jurisdiction And Judgments In Europe ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Author | : Trevor Clayton Hartley |
Publisher | : |
Total Pages | : 569 |
Release | : 2019 |
Genre | : |
ISBN | : 9780191879807 |
Author | : Jannet A. Pontier |
Publisher | : T.M.C. Asser Press |
Total Pages | : 278 |
Release | : 2004-08-12 |
Genre | : Law |
ISBN | : 9789067041737 |
The present book offers the reader insight into how the Court of Justice of the European Communities justifies its interpretations of the European legal rules on international jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. Our examination of the more than one hundred decisions which the Court has delivered under the 1968 Brussels Convention shows that the Court uses the principles, which in its opinion underlie the explicit rules, as reasons to justify its decisions. These principles are described in the book and it is shown how they relate to each other. The system of principles that has been identified in this study forms an important part of the Brussels Convention’s legacy for the new Regulation No. 44/2001, which replaced the Convention on March 1, 2002. It constitutes a catalogue of arguments that will be employed by the Court to justify its interpretation of the provisions of the new regulation. As such, this book will be of great value to practitioners in international law as well as to academics and students alike. Jannet A. Pontier (Ph.D.) Edwige Burg (Ph.D.) Professor of Law Lecturer and researcher Department of Private International Law Department of Private International Law Senior Research Associate at the Research Associate at the Amsterdam Institute for Private Law Amsterdam Institute for Private Law University of Amsterdam University of Amsterdam Amsterdam, The Netherlands, January 2004 VII TABLE OF CONTENTS
Author | : Thalia Kruger |
Publisher | : Oxford Private International L |
Total Pages | : 0 |
Release | : 2008 |
Genre | : Language Arts & Disciplines |
ISBN | : 9780199228577 |
This book covers the development & current position of civil jurisdiction rules in the EU, analysing the three main regulations on civil jurisdiction & their effect on parties domiciled outside the EU, particularly regarding the recognition & enforcement of judgments made within the EU in external jurisdictions.
Author | : Peter Stone |
Publisher | : Edward Elgar Publishing |
Total Pages | : 967 |
Release | : 2018-07-27 |
Genre | : Law |
ISBN | : 1784712663 |
Within Europe the private international law rules have been harmonized to a very large extent by legislation adopted at EU level and case-law on the interpretation of this legislation. Recent developments include the entry into operation of revised versions of the Brussels I Regulation on civil jurisdiction and judgments and the Regulation on insolvency proceedings, as well as numerous decisions of the European Court and the English courts. The new edition of this authoritative work takes account of recent developments at both EU and UK levels.
Author | : Peter R. Barnett |
Publisher | : Oxford Private International L |
Total Pages | : 432 |
Release | : 2001 |
Genre | : Law |
ISBN | : 9780199243396 |
This clear and original book provides a much-needed analysis of the doctrines of res judicata and abuse of process as applied to foreign judgments recognized in England for their preclusive effect. In particular, it examines the four preclusive pleas which are encountered in practice, namely:(i) cause of action estoppel; (ii) issue estoppel; (iii) former recovery per section 34 of the Civil Jurisdiction and Judgments Act 1982; and (iv) the rule in Henderson v Henderson. So far as foreign judgments are concerned, the book examines separately the preclusive effects of foreign judgmentsrecognized according to the English common law and related statutory rules, and foreign judgments which the English courts are obliged to recognize under the Brussels and Lugano Conventions. It also includes a discussion of the preclusive effects of judgments recognized under the proposed HagueConvention on Jurisdiction and Foreign Judgments in civil and commercial matters.Although the complex and technical doctrines of res judicata and abuse of process are well known in the context of domestic judicial decisions, little has hitherto been written analysing how these doctrines apply when the judgment emanates from a foreign court. It is not surprising, therefore, thatthis area of law has been frequently confused and mis-applied. And yet the recognition of foreign judgments for preclusive purposes is an increasingly important area for practitioners and academics - especially for those interested in international commercial litigation, and not least given theimportant treaty developments that are occurring. For these reasons, this book is a very timely work. Written with a practitioner focus, it includes extensive references to res judicata authorities in the United Kingdom, Australia and Canada.
Author | : Wendy A. Kennett |
Publisher | : Oxford University Press, USA |
Total Pages | : 510 |
Release | : 2000 |
Genre | : Law |
ISBN | : 9780198298199 |
The idea of a European Judicial Area has gathered force since the negotiation of the Amsterdam Treaty amending the TEU and conferring competence on the European Community in relation to measures of "judicial cooperation". One of the areas targeted for rapid attention is improvement in the recognition and enforcement of civil judgments in Europe - with plans for the mutual recognition of judgments.
Author | : Peter Stone |
Publisher | : |
Total Pages | : 0 |
Release | : 2010 |
Genre | : Conflict of laws |
ISBN | : 9780857932495 |
This thoroughly revised and updated second edition analyses in detail the current development of private international law at European Union level.
Author | : Adrian Briggs |
Publisher | : Taylor & Francis |
Total Pages | : 1334 |
Release | : 2021-04-26 |
Genre | : Law |
ISBN | : 1000353532 |
Now in a fully updated seventh edition, this book remains an established treatise in the field of civil jurisdiction and judgments. It aims to make a full and complete statement of English law on civil jurisdiction and the effect of foreign judgments against the backdrop of significant uncertainty about the consequence of Brexit on the law of civil jurisdiction and judgments. The book looks in detail at: the law after the Brussels Regulation has ceased to operate as part of English law; the substance of the Lugano Convention, which the government hopes to join; the incorporation of the 2005 Hague Convention on Choice of Court Agreements into English law, and developments in the common law rules of jurisdiction, injunctions, and foreign judgments. This text aims to be an authoritative and comprehensive reference for all legal practitioners working in commercial law across jurisdictions as well as the judiciary.
Author | : Serena Forlati |
Publisher | : BRILL |
Total Pages | : 219 |
Release | : 2020-10-12 |
Genre | : Law |
ISBN | : 9004408576 |
In Universal Civil Jurisdiction ¬– Which Way Forward? leading experts of public and private international law discuss the challenges that victims of international crimes face when they seek reparation in countries other than the country where the crime was committed.
Author | : Steven Greer |
Publisher | : Cambridge University Press |
Total Pages | : 562 |
Release | : 2018-03-29 |
Genre | : Law |
ISBN | : 1108647456 |
Confusion about the differences between the Council of Europe (the parent body of the European Court of Human Rights) and the European Union is commonplace amongst the general public. It even affects some lawyers, jurists, social scientists and students. This book will enable the reader to distinguish clearly between those human rights norms which originate in the Council of Europe and those which derive from the EU, vital for anyone interested in human rights in Europe and in the UK as it prepares to leave the EU. The main achievements of relevant institutions include securing minimum standards across the continent as they deal with increasing expansion, complexity, multidimensionality, and interpenetration of their human rights activities. The authors also identify the central challenges, particularly for the UK in the post-Brexit era, where the components of each system need to be carefully distinguished and disentangled.