This book is the fourth volume of a book series devoted to the discussion of current topics of transnational civil procedure. The contributions of the volume focus on problems of enforcement and provisional measures and seeking to advance discussions on the harmonization of transnational civil procedures analyzing its key areas from a national and comparative perspective.
This book is the fourth volume of a book series devoted to the discussion of current topics of transnational civil procedure focusing mainly on the field of business disputes. This fourth volume is based on two international symposia that took place in Nagoya, Japan and Padova, Italy. The Symposia were part of an international research project for »Establishing a New Framework for Realizing Effective Transnational Business Litigation« created by Nagoya University in cooperation with the Japanese Society for the Promotion of Science and the University of Freiburg. The contributions in the first part concentrating on comparative aspects of enforcement in civil matters discuss systems of civil enforcement, current special topics of enforcement, civil enforcement of non-judgment titles and enforcement of security interests in insolvency procedures. The essays of the second part address comparative studies of provisional measures, problems of their jurisdiction and enforcement as well as provisional matters and proceedings on the merits. It closes with a focus on special problems of the law of provisional measures. The articles analyze the laws of England, France, Germany, Greece, Hungary, Italy, Finland, Japan, Spain and the United States in important fields for transnational business litigation.
Table of contents:
Part 1 Enforcement in Civil Matters
Chapter 1: Systems of Civil Enforcement Masanori Kawano: Civil Enforcement as a Fundamental of Effective Justice - Introductory Remarks on Comparative Study of Civil Enforcement -
Neil Andrews: The System of Enforcement of Civil Judgments in England -
Nicolò Trocker: The Right to an Effective Enforcement of Civil Judgments and Orders: Lessons from the Case Law of the European Court of Human Rights -
Burkhard Hess: Different Enforcement Structures Dimitris Maniotis: The Greek Law of Execution According to the Code of Civil Procedure - An Introduction -
Laura Ervo: Enforcement in Finland - Some Special Views -
Miklós Kengyel: System of Civil Enforcement in Hungary -
Michele Lupoi: Civil Enforcement in Italy: A Comparative Perspective
Chapter 2: Current Special Topics Kayo Nishikawa: Problems of Public Sale in Japan -
Neil Andrews: Obtaining Information in Support of Enforcement Proceedings under English Law
Chapter 3: Civil Enforcement of Non-Judgment Titles Astrid Stadler: Civil Enforcement of Non-Judgment Titles - European Law -
Carlos Esplugues Mota: Enforcement of Non-Judicial Titles in Spain -
Viktória Harsági: Civil Enforcement of Non-Judgment Titles in Hungary
Chapter 4: Enforcement of Security Interests in Insolvency Procedures
Georges Cavalier: French Bankruptcy Law and Enforcement Procedures -
Masanori Kawano: Debtors Insolvency and Security Interest -
Rolf Stürner: Enforcement of Security Interests in U.S.-American and German Insolvency Procedures
Part 2 Provisional Measures Chapter 1: Comparative Studies Alexander Bruns: Provisional Measures in European Civil Procedural Laws - Preservation of Variety or Need for Harmonisation? -
Masanori Kawano: Provisional Measures as a Necessary Instrument for Effective Justice -
Spyros Tsantinis: Provisional Measures: Protective and Interim Relief under Greek Law -
Carlos Esplugues Mota: Provisional Measures in Spanish Civil Procedure -
Yasunori Honma: Current Problems of Provisional Measures in Japan -
Masaaki Haga: Comment on International Provisional Measures - A Japanese Perspective -
Peter L. Murray: Provisional Measures in U.S. Civil Justice -
Viktória Harsági: Provisional Measures in the Hungarian Civil Procedure Law -
Miklós Kengyel: Provisional Measures in Hungarian Judicial Practice -
Laura Ervo: The Finnish System of Provisional Measures - A Forest of Norms
Chapter 2: Problems of Jurisdiction and Enforcement Nicolò Trocker: Provisional Remedies in Transnational Litigation: A Comparative Outline of Forms of Judicial Cooperation -
Michele Lupoi: Provisional Remedies in the European Space of Justice: Issues of Transnational Jurisdiction and Enforcement
Chapter 3: Provisional Matters and Proceedings on the Merits
Neil Andrews: Injunctions in Support of Civil Proceedings and Arbitration -
Marco De Cristofaro: Provisional and Protective Measures in Globalized Transnational Litigation and their Relationship with Proceedings on the Merits -
Masanori Kawano: Provisional Measures Relating to Procedural Matters
Chapter 4: Special Problems Dimitris Maniotis: Oversimplified Proceedings as »Alternatives« to the Ordinary Proceedings of First Instance -
Domenico Dalfino: In the Matter of »Arrest of Ships« -
Chiara Besso Marcheis: Provisional Measures and Taking of Evidence: A European Perspective
