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National Repository of Grey Literature 2 records found  Search took 0.00 seconds. 
The recognition and enforcement of judicial decisions within the European Union
 Koláčná, Michaela ; Brodec, Jan (advisor) ; Dobiáš, Petr (referee)
and keywords The recognition and enforcement of foreign judgments are basic requirements for development of international trade and other international cooperation. The purpose of my thesis called "The recognition and enforcement of judicial decisions within the European Union" is to compare two laws of EU Private International Law, which deal with this question - the Brussels I Regulation and the European Enforcement Order Regulation, as well as evaluate application of these Regulations by the Court of Justice of the European Union (European Court of Justice) and by national courts of two of member states of European Union - the Czech Republic and the Kingdom of Spain. The basic instruments for this research are description, analysis and comparison. The thesis is composed of six chapters, each of them dealing with different aspects of recognition and enforcement of judicial decisions. Introductory chapter defines basic scope of this thesis. Chapter Two explicates basic theoretical issues and context of the recognition and enforcement in Czech Republic - Czech legislation, international Treaties and European legislation. Chapter Three is focused on recognition and enforcement of foreign judgments according to the Brussels I Regulation, which is a basic European law for the issues of recognition and...
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European Area of Justice - Brusses I Regulation
 Patočka, Radim ; Grmelová, Nicole (advisor) ; Kotoučová, Jiřina (referee)
The scope of this thesis is regulation (EC)No. 44/2001 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters. The provisions of Regulation is aiming the improvement and simplification of the recognition and enforcement of foreign judgements within the territory of the EU. According to the title of regulation this tesis is diveded in several parts explaining the key elements of developing the other maxime of the EU-free movement of judgements. First part includes the general fundamentals for determination of jurisdiction in cases with transborder element which is essential for aplication of this regulation as a part of legislation on international private law. Thanks to the nearly identical wording of Brussels I Regulation and Convention dealing with the same matter from the year 1968, all legal opinions of European Court of Justice related to that Convention can be invoked nowdays. Second part and third part turn to recognition and enforcement of foreign judgements in order to ensure the situation when "the declaration that a judgement is enforceable should be issued virtually automatically after purely formal checks of the documents supplied, without there being any possibility for the court to raise of its own motion on any of the ground for non-enforcement provided by this Regulation". The last part contents future trend in this sphere which can be seen from application of other regulation (European enforcement order, European order for payment procedure)giving rise to rapid and simple mechanism in specific cases. Especially it treats of cancellation special exequator proceeding which should be undertaken to achieve that foreign judgement would be enforceable.
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