European Civil Procedure . Derecho Civil Europeo - Volumen IV

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Andrés de la Oliva Santos (Director), Mª Pía Calderón Cuadrado, Mª Carmen Senés Motilla, Jaime Vegas Torres y Fernando Gascón Inchausti (Coordinadores)

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ISBN: 9788499030173
EAN: 9788499030173
Editorial: Aranzadi
Fecha de la edición: 24/11/2011
Nº Pág.: 400

Materias:

Derecho / Procesal / PROCESO CIVIL

This volume provides a complete analysis of all EU-Regulations and Directives on civil procedure. The first part of the book tackles international jurisdiction within the EU, as well as recognition and enforcement of foreign judgments in the member States: the general system established in Regulation 44/2001, the particular provisions applicable to matrimonial matters and parental responsibility (Regulation 2201/2003) and, eventually, the rules relating to maintenance obligations (Regulation 4/2009).

The second part is devoted to access to justice and judicial cooperation in the EU. It focuses on mediation as an ‘alternative’ to jurisdiction (Directive 2008/52), the minimum common rules on legal aid (Directive 2003/8), transmission of judicial and extrajudicial documents for the purposes of service (Regulation 1393/2007) and, finally, the taking of evidence in other member states (Regulation 1206/2001).

Lastly, the third part of the volume deals with the legal instruments aiming to strengthen the judicial protection of credit within the EU: the European enforcement order for uncontested claims (Regulation 805/2004), the European order for payment procedure (Regulation 1896/2006), the European small claims procedure (Regulation 861/2007) and the rules applicable to insolvency proceedings (Regulation 1346/2000).

The book is addressed to those academics and practitioners (mainly judges and lawyers) interested in European civil procedure. They will find a fine piece of work, written in a direct and clear style, which intends to be scientifically rigorous, facing the many problems that arise when European law on civil procedure comes into play.

CHAPTER I GENERAL SYSTEM OF INTERNATIONAL JURISDICTION, RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS IN THE EUROPEAN UNION: REGULATION 44/2001
CHAPTER II INTERNATIONAL COURT JURISDICTION, RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS IN MATRIMONIAL MATTERS AND PARENTAL RESPONSIBILITY IN THE EUROPEAN UNION: REGULATION 2201/2003
CHAPTER III INTERNATIONAL JURISDICTION, RECOGNITION AND ENFORCEMENT OF JUDGMENTS RELATING TO MAINTENANCE OBLIGATIONS: REGULATION 4/2009
CHAPTER IV MEDIATION AS AN "ALTERNATIVE" TO JURISDICTION: DIRECTIVE 2008/52
CHAPTER V MINIMUM COMMON REGULATIONS ON LEGAL AID: DIRECTIVE 2003/8
CHAPTER VI TRANSMISSION OF JUDICIAL AND EXTRAJUDICIAL DOCUMENTS FOR THE PURPOSES OF SERVICE: REGULATION 1393/2007
CHAPTER VII OBTAINING OF EVIDENCE IN OTHER MEMBER STATES OF THE EUROPEAN UNION: REGULATION 1206/2001
CHAPTER VIII EUROPEAN ENFORCEMENT ORDER FOR UNCONTESTED CLAIMS: REGULATION 805/2004
CHAPTER IX EUROPEAN ORDER FOR PAYMENT PROCEDURE: REGULATION 1896/2006
CHAPTER X EUROPEAN SMALL CLAIMS PROCEDURE: REGULATION 861/2007
CHAPTER XI INSOLVENCY PROCEEDINGS: COUNCIL REGULATION 1346/2000