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Relationship of the Brussels I Regulation vis-à-vis legal remedies provided by national enforcement lawsOrož, DamjanArticle discuss the impact of the Brussels I and Brussels I bis Regulations on Slovenian enforcement proceedings. The aim of the Brussels I bis Regulation is to ensure creditors a simpler but mostly ... quicker access to enforcement in case a judgment must be enforced in a state other than the Member State of origin. The new regulatory framework will certainly facilitate quicker access to enforcement for creditors. However, this can only be ensured categorically in the first phase of enforcement, i.e. the seizure of assets (distraint). In subsequent enforcement phases successful enforcement in favour of the creditor could be stayed if the debtor decides to enforce grounds used to challenge the enforceability of a foreign judgment. A major distinction is that the control of enforceability will only proceed if and when the debtor so requests.Source: Lexonomica : revija za pravo in ekonomijo = journal of law and economics. - ISSN 1855-7147 (Vol. 10, no. 2, Dec. 2018, str. 149-159)Type of material - article, component partPublish date - 2018Language - englishCOBISS.SI-ID - 5696299
source: Lexonomica : revija za pravo in ekonomijo = journal of law and economics. - ISSN 1855-7147 (Vol. 10, no. 2, Dec. 2018, str. 149-159)
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Orož, Damjan |
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