Summary proceedings
Author(s)
Bibliographic Information
Summary proceedings
(AIJA law library, 9)
Kluwer Law International , Association Internationale des Jeunes Avocats, 2000
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Note
Includes bibliographical references and index
Description and Table of Contents
Description
Often, the success of court actions depends upon the effectiveness of provisional remedies, conservatory measures or summary judgments taken before or in lieu of the main proceedings. A good decision, obtained after years of effort, is of no use if it cannot be enforced because the debtor's assets have disappeared. This text provides a guide through the web of preliminary actions that can be taken in order to ensure the successful seizing of assets. This practical guide answers questions such as: what is a Mareva Injunction and how can it be used effectively?; what is a refere, in France, Belgium and several other countries, and how can it save the plaintiff years of litigation?; and how can assets be seized in Hong Kong on the basis of a German judgment concerning an Australian living in Turkey? Within each country, each topic is clarified using a comprehensive example, which allows the reader to see the theory in action.
"Summary Proceedings" covers the following countries: Australia, Austria, Belgium, Brazil, Cameroon, Canada, Finland, France, Germany, Great Britain, Greece, The Netherlands, Hong Kong, Ireland, Israel, Italy, Korea, Luxembourg, Portugal, Sweden, Switzerland, Tunisia, Turkey and the USA.
Table of Contents
- Part I The "country's" legal system: 1.1 jurisdiction
- 1.2 competence
- 1.3 special procedures in general. Part II Interim relief and interlocutory proceedings: 2.1 urgent relief
- 2.2 emergency procedures
- 2.3 judicial attachment
- 2.4 other types of distraint
- 2.5 possessory procedures. Part III Judgments on the merits: 3.1 injunction proceedings. Part IV Practical considerations and advice to foreign counsel: 4.1 waiting periods, legal costs and requested documents. Part V Case study. Part VI Appendix - practitioners and academics alike will find this a one-stop guide to the successful recovery of court-appointed settlements.
by "Nielsen BookData"