Effective enforcement of creditors' rights
著者
書誌事項
Effective enforcement of creditors' rights
（Ius gentium : comparative perspectives on law and justice, v. 91）
Springer, c2022
- : [pbk.]
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注記
Includes bibliographical references
内容説明・目次
内容説明
The problem of enforcing a money judgment exists in every legal system in the world, but the methods and orientation vary significantly. Effective enforcement proceedings are crucial to ensure full access to justice for creditors. Complete and full knowledge of the debtors' assets is crucial to choose the appropriate enforcement measure. But each legal system must balance the creditors' rights to an efficient enforcement with the debtors' rights. The wide differences between enforcement proceedings mirror the way each society tries to find a balance between confronting rights and interests.
This book explores and compares how different legal systems approach these issues with a focus on the discovery of debtors' assets, which is a common problem for enforcement and execution proceedings in almost every jurisdiction. This is the first book to compare enforcement proceedings around the world and presents a variety of information and country reports from leading experts from four continents. It represents the joint work of academic and legal authorities from Germany, Japan, Korea, France, the UK, Switzerland, Austria, Spain, Poland, Russia, Greece, North America, Taiwan, Brazil, Argentina, Chile, and the EU.
目次
- Preface: Contents: 1. Enforcement against Movable Property in Germany Peter Gottwald 2. Clarification of facts in Austrian enforcement law Walter Rechberger 3. Comments on the paper of Professor Dr Walter H. Rechberger
- Clarification of Facts in Austrian enforcement law Maiko Miyashita 4. The Effective Disclosure of the Debtor's Assets in Enforcement Proceedings Burkhard Hess 5. EFFECTIVE RIGHTS PROTECTION IN CIVIL ENFORCEMENT: Some comments from a French point of view Loic CADIET 6. COMMENTS ON INFORMATION CONCERNING THE DEBTOR'S ASSETS FOR THE ENFORCEMENT PROCEEDING Alvaro Perez Ragone 7. America's BYO Approach to Enforcing Money Judgments: Comment on Rechberger and Hess Richard Marcus 8. Fact Clarification and Effective Legal Protection in Civil Enforcement Law in Japan Masahisa Deguchi 9. Investigation of Debtor's Property in Japan - To Make Claims Truly Enforceable: Hiroshi Tega 10. Comment on Civil Enforcement Reforms from a Comparative and Historical Perspective Omi Hatashin 11. Proposal for a procedure to strengthen creditor's claims while protecting debtor's quality of life and privacy in Japan Study Group for Improvement of Civil Enforcement Law: Co-authors: Hiroko Namura & Shigehide Koyanagi 12.Some comments on the proposals of the study group from a German perspective Wolfgang Luke 13. Comment on "A proposal of a procedure to strengthen creditor's claims while protecting debtor's quality of life and privacy in Japan" by the Study Group for Improvement of Civil Enforcement Law Hans-Peter Marutschke 14. The European Account Preservation Order in Dutch Practice Bart Krans and Pauline Ribbers 15. COMMENTS ON THE REPORT OF PROF. KRANS Guillermo Ormazabal 16. Towards More Effective Enforcement Proceedings through More Effective Asset Discovery Fernando Gascon Inchausti 17. Finding Defendant's Assets in Proceedings to Enforce Money Judgments in Switzerland Samuel P. Baumgartner & Martin Heisch 18. Searching Assets and Pressuring the Debtor for an Effective Enforcement: An Overview of the Brazilian Execution Proceedings Antonio Cabral 19. Polish Enforcement Law in Civil Cases - General Characteristics and Directions of Development Karol Weitz and Piotr Rylski 20. Effective Enforcement of Creditor's Rights in Civil Execution through Effective Discovery of Debtor's Assets in Taiwan Kuan-Ling Shen 21. The Problem of the Disclosure of the Debtor's Assets in Enforcement Proceedings from a comparative point of view of Korean law Moon-Hyuck Ho 22. Some Characteristics of the Recourse to Debtors' Finances and Their Other Assets in Russia Anastasia Valerievna Chekmareva 23. Argentina: Notes on Effective Enforcement of Judgements in Civil Cases. Eduardo Oteiza 24. JURISDICTION, FORUM AND ENFORCEMENT OF JUDGEMENTS: THE CHALLENGE OF COOPERATION BETWEEN COURTS BEFORE AND AFTER BREXIT (CIVIL ENFORCEMENT AND EFFECTIVE PROTECTION OF CREDITOR'S RIGHTS IN THE EU AND IN THE UK) Ian Forrester Afterword: Yasuhei Taniguchi
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