Editorial Reviews
Book Description
Often, the success of court actions depends upon the effectiveness of provisional remedies, conservatory measures or summary judgements 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. Summary Proceedings will guide you through the web of preliminary actions that can be taken in order to ensure the successful seizing of assets. The comparative nature of this reference tool is enhanced by the contributions from practising attorneys from 24 countries, spanning the five continents, who are all well versed in the subtleties of litigation. This practical guide answers such questions 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? + How can assets be seized in Hong Kong on the basis of a German judgment concerning an Australian living in Turkey? Each country chapter clarifies each topic using a comprehensive example, allowing the reader to see the theory in action, and ensuring complete understanding of its usage. 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 United States. The contents within each country Chapter follow a set pattern: I. The `Country's' Legal System: 1.1 Jurisdiction. 1.2 Competence. 1.3 Special procedures in general. 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. III. Judgments on the Merits: 3.1 Injunction proceedings. IV. Practical Considerations and Advice to Foreign Counsel: 4.1 Waiting periods, legal costs and requested documents. V. Case Study. VI. Appendix. Practitioners and academics alike will find this a one-stop guide to the successful recovery of court-appointed settlements.
Summary Proceedings,Marc Jobert,Kluwer Law International,9041112316,Comparative Law,Courts,Courts - General,General,International,Law,Legal Reference / Law Profession,Summary proceedings,Trial Practice,Law / Civil Law
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