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  • Relationship of the Brussels I Regulation vis-à-vis legal remedies provided by national enforcement laws
    Orož, Damjan
    Article 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.
    Type of material - article, component part
    Publish date - 2018
    Language - english
    COBISS.SI-ID - 5696299