The Admissibility of Defences against the Substantive Claim in Cross-Border Enforcement of Judgments in Europe /
Authors discuss the admissibility of defences against the substantive claim (e.g. objection of the debtor that the enforceable claim has been discharged) in cross-border enforcement in Europe. In the context of Regulation 44/2001 in some countries, like Germany, courts have admitted such defences in...
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| Main Authors: | , |
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| Format: | Book Chapter |
| Jezik: | English |
| Teme: | |
| Sorodne knjige/članki: | Vsebovano v:
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| Izvleček: | Authors discuss the admissibility of defences against the substantive claim (e.g. objection of the debtor that the enforceable claim has been discharged) in cross-border enforcement in Europe. In the context of Regulation 44/2001 in some countries, like Germany, courts have admitted such defences in exequatur proceeding. In other countries, like Slovenia and Austria, such objections have to be asserted with legal remedieas of the national execution law. Debtor can defend himself against European enforcement order, order for payment and small claims judgment with legal remedies of national execution law, if he has discharged the debt after the rendering of decision. |
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| Fizični opis: | str. 311-333. |
| Bibliografija: | Bibliografija: str. 330-333. Abstract. |
| ISSN: | 1581-5374 |