Debt Recovery in Europe

by Holzhauser, Guido

• ISBN13: 9783832930035
• ISBN10: 3832930035
• Format: Paperback
• Copyright: 2008-01-04
• Publisher: Intl Specialized Book Service Inc

Table of Contents

Statistical Data	p. 18
Payment characteristics in Europe	p. 18
Gross domestic product per capita in purchasing power standards	p. 20
Insolvent companies in Europe	p. 21
Insolvent private persons in Europe	p. 23
Some Conclusions	p. 24
European Legal Framework	p. 25
Applicable substantial law	p. 25
Directive on combating late payment in commercial transactions	p. 28
UNIDROIT Principles of International Commercial Contracts	p. 28
Obtaining a title by way of action in Germany	p. 29
Obtaining a title by way of action in another EU-State	p. 32
Simplified procedures	p. 33
Compulsory execution	p. 36
European insolvency proceedings	p. 37
International arbitration	p. 38
Links to some important legal documents	p. 41
National Law	p. 44
Austria	p. 44
Civil justice	p. 44
Jurisdiction of the courts	p. 45
Introduction of lawsuits and involvement of lawyers	p. 47
Legal expenses and lawyer's fees	p. 48
Dunning process	p. 50
Compulsory execution	p. 53
Insolvency proceedings	p. 58
Receivables management	p. 66
Additional information	p. 66
Belgium	p. 68
Civil justice	p. 68
Jurisdiction of the courts	p. 71
Introduction of lawsuits and involvement of lawyers	p. 71
Legal expenses and lawyer's fees	p. 72
Dunning process	p. 73
Compulsory execution	p. 76
Insolvency proceedings	p. 79
Receivables management	p. 87
Additional information	p. 87
Bulgaria	p. 88
Civil justice	p. 88
Jurisdiction of the courts	p. 90
Introduction of lawsuits and involvement of lawyers	p. 90
Legal expenses and lawyer's fees	p. 91
Dunning process	p. 92
Compulsory execution	p. 96
Insolvency proceedings	p. 100
Receivables management	p. 105
Additional information	p. 106
Croatia	p. 107
Civil justice	p. 107
Jurisdiction of the courts	p. 110
Introduction of lawsuits and involvement of lawyers	p. 111
Legal expenses and lawyer's fees	p. 113
Dunning process	p. 115
Compulsory execution	p. 118
Insolvency proceedings	p. 122
Receivables management	p. 126
Additional information	p. 127
Czech Republic	p. 128
Civil justice	p. 128
Jurisdiction of the courts	p. 129
Introduction of lawsuits and involvement of lawyers	p. 130
Legal expenses and lawyer's fees	p. 131
Dunning process	p. 131
Compulsory execution	p. 134
Insolvency proceedings	p. 136
Receivables management	p. 140
Additional information	p. 141
England & Wales	p. 142
Civil justice	p. 142
Jurisdiction of the courts	p. 143
Introduction of lawsuits and involvement of lawyers	p. 144
Legal expenses and lawyer's fees	p. 145
Dunning process	p. 145
Compulsory execution	p. 149
Insolvency proceedings	p. 152
Receivables management	p. 156
Additional information	p. 157
Estonia	p. 158
Civil justice	p. 158
Jurisdiction of the courts	p. 159
Introduction of lawsuits and involvement of lawyers	p. 159
Legal expenses and lawyer's fees	p. 160
Dunning process	p. 161
Compulsory execution	p. 163
Insolvency proceedings	p. 166
Receivables management	p. 169
Additional information	p. 170
Finland	p. 171
Civil justice	p. 171
Jurisdiction of the courts	p. 172
Introduction of lawsuits and involvement of lawyers	p. 173
Legal expenses and lawyer's fees	p. 174
Dunning process	p. 175
Compulsory execution	p. 179
Insolvency proceedings	p. 182
Receivables management	p. 186
Additional information	p. 186
France	p. 187
Civil justice	p. 187
Jurisdiction of the courts	p. 188
Introduction of lawsuits and involvement of lawyers	p. 189
Legal expenses and lawyer's fees	p. 190
Dunning process	p. 191
Compulsory execution	p. 195
Insolvency proceedings	p. 199
Receivables management	p. 202
Additional information	p. 202
Germany	p. 203
Civil justice	p. 203
Jurisdiction of the courts	p. 204
Introduction of lawsuits and involvement of lawyers	p. 206
Legal expenses and lawyer's fees	p. 207
Dunning process	p. 208
Compulsory execution	p. 212
Insolvency proceedings	p. 218
Receivables management	p. 229
Additional information	p. 229
Hungary	p. 231
Civil justice	p. 231
Jurisdiction of the courts	p. 232
Introduction of lawsuits and involvement of lawyers	p. 233
Legal expenses and lawyer's fees	p. 234
Dunning process	p. 235
Compulsory execution	p. 237
Insolvency proceedings	p. 240
Receivables management	p. 245
Additional information	p. 245
Latvia	p. 246
Civil justice	p. 246
Jurisdiction of the courts	p. 247
Introduction of lawsuits and involvement of lawyers	p. 248
Legal expenses and lawyer's fees	p. 249
Dunning process	p. 250
Compulsory execution	p. 254
Insolvency proceedings	p. 259
Receivables management	p. 263
Additional information	p. 264
Lithuania	p. 265
Civil justice	p. 265
Jurisdiction of the courts	p. 266
Introduction of lawsuits and involvement of lawyers	p. 267
Legal expenses and lawyer's fees	p. 268
Dunning process	p. 269
Compulsory execution	p. 274
Insolvency proceedings	p. 279
Receivables management	p. 287
Additional information	p. 288
Luxembourg	p. 289
Civil justice	p. 289
Jurisdiction of the courts	p. 291
Introduction of lawsuits and involvement of lawyers	p. 291
Legal expenses and lawyer's fees	p. 292
Dunning process	p. 293
Compulsory execution	p. 296
Insolvency proceedings	p. 298
Receivables management	p. 301
Additional information	p. 302
The Netherlands	p. 303
Civil justice	p. 303
Jurisdiction of the courts	p. 304
Introduction of lawsuits and involvement of lawyers	p. 305
Legal expenses and lawyer's fees	p. 305
Dunning process	p. 306
Compulsory execution	p. 310
Insolvency proceedings	p. 313
Receivables management	p. 315
Additional information	p. 316
Poland	p. 317
Civil justice	p. 317
Jurisdiction of the courts	p. 318
Introduction of lawsuits and involvement of lawyers	p. 319
Legal expenses and lawyer's fees	p. 320
Dunning process	p. 321
Compulsory execution	p. 324
Insolvency proceedings	p. 328
Receivables management	p. 332
Additional information	p. 333
Romania	p. 334
Civil justice	p. 334
Jurisdiction of the courts	p. 334
Introduction of lawsuits and involvement of lawyers	p. 335
Legal expenses and lawyer's fees	p. 335
Dunning process	p. 336
Compulsory execution	p. 338
Insolvency proceedings	p. 341
Receivables management	p. 344
Additional information	p. 344
Slovakia	p. 346
Civil justice	p. 346
Jurisdiction of the courts	p. 346
Introduction of lawsuits and involvement of lawyers	p. 347
Legal expenses and lawyer's fees	p. 348
Dunning process	p. 349
Compulsory execution	p. 349
Insolvency proceedings	p. 352
Receivables management	p. 354
Additional information	p. 354
Slovenia	p. 355
Civil justice	p. 355
Jurisdiction of the courts	p. 356
Introduction of lawsuits and involvement of lawyers	p. 357
Legal expenses and lawyer's fees	p. 358
Dunning process	p. 359
Compulsory execution	p. 363
Insolvency proceedings	p. 366
Receivables management	p. 369
Additional information	p. 370
Spain	p. 371
Civil justice	p. 371
Jurisdiction of the courts	p. 372
Introduction of lawsuits and involvement of lawyers	p. 374
Legal expenses and lawyer's fees	p. 376
Dunning process	p. 377
Compulsory execution	p. 380
Insolvency proceedings	p. 384
Receivables management	p. 392
Additional information	p. 393
Sweden	p. 394
Civil justice	p. 394
Jurisdiction of the courts	p. 395
Introduction of lawsuits and involvement of lawyers	p. 395
Legal expenses and lawyer's fees	p. 396
Dunning process	p. 397
Compulsory execution	p. 400
Insolvency proceedings	p. 403
Receivables management	p. 407
Additional information	p. 408
Switzerland	p. 409
Civil justice	p. 409
Jurisdiction of the courts	p. 410
Introduction of lawsuits and involvement of lawyers	p. 411
Legal expenses and lawyer's fees	p. 412
Dunning process	p. 412
Compulsory execution	p. 413
Insolvency proceedings	p. 419
Receivables management	p. 423
Additional information	p. 424
Ukraine	p. 425
Civil justice	p. 425
Jurisdiction of the courts	p. 426
Introduction of lawsuits and involvement of lawyers	p. 427
Legal expenses and lawyer's fees	p. 428
Dunning process	p. 430
Compulsory execution	p. 432
Insolvency proceedings	p. 437
Receivables management	p. 441
Additional information	p. 442
Results	p. 443
Synopsis	p. 444
Forms for national legal proceedings	p. 456
Austria	p. 477
England & Wales	p. 477
Latvia	p. 490
Lithuania	p. 494
Luxembourg	p. 498
Spain	p. 500
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