Diversity of Enforcement titles in cross-border debt collection in the EU - "EU_En4s" (EU_En4s)
Proposal is build on the results of the previous BIARE project. One of the most challenging issues that was exposed in the previous project, is the diversity of enforcement titles across EU and with our focus on this topic we wish to contribute to the more efficient use of the EU debt collection
mechanism in the future.
According to this are the principle objectives of the new project
proposal the following:
1. Contribution to comparative research of the dogmatic and
practical concepts of judgments, court settlements and authentic
instruments in significant national systems in order to promote
understanding of the Member State rules concerning the effects and
their crossing the border of another MS, considering the Brussels I recast regime for recognition and enforcement;
2. Proposals to diminish problems of acceptance of foreign
enforcement titles due to their different characteristics, effects and
structure (defining effects and upgrading the studies on "res
iudicata" effect in cross-border perspective);
3. Clarification of adaptation of measures;
4. Clarification of difficult issues as objective identity
or irreconcilability of enforcement titles and realted actions
5.Advanced study of the role of the authentic instrument"
focusing on enforceable notary act in crossborder transfer;
6. Diminishing the terminological obstacles;
7.Contribution to the upgrade of provisional measures;
8.Consideration how to eliminate the impediment to the
functioning of the principle of mutual recognition of foreign
judgments caused by diversity between the Member States.
9. Analysis of application of foreign judgments relating to
the difference between court oriented and private enforcement systems.
10. Improvement of judicial information on the scope and
ability of enforcement titles for recognition and enforcement