Effective Enforcement of Creditors' Rights

The problem of enforcing a money judgment exists in every legal system in the world, but the methods and orientation vary significantly. Effective enforcement proceedings are crucial to ensure full access to justice for creditors. Complete and full knowledge of the debtors' assets is crucial to choose the appropriate enforcement measure. But each legal system must balance the creditors' rights to an efficient enforcement with the debtors' rights. The wide differences between enforcement proceedings mirror the way each society tries to find a balance between confronting rights and interests.

This book explores and compares how different legal systems approach these issues with a focus on the discovery of debtors' assets, which is a common problem for enforcement and execution proceedings in almost every jurisdiction. This is the first book to compare enforcement proceedings around the world and presents a variety of information and country reports from leading experts from four continents. It represents the joint work of academic and legal authorities from Germany, Japan, Korea, France, the UK, Switzerland, Austria, Spain, Poland, Russia, Greece, North America, Taiwan, Brazil, Argentina, Chile, and the EU.

List of contents

Enforcement Against Movable Property In Germany.- Clarification Of Facts In Austrian Enforcement Law.- Comments On The Paper Of Professor Dr Walter H. Rechberger; Clarification Of Facts In Austrian Enforcement Law.- The Effective Disclosure Of The Debtor's Assets In Enforcement Proceedings.- Effective Rights Protection In Civil Enforcement: Some Comments From A French Point Of View.- Comments On Information Concerning The Debtor's Assets For The Enforcement Proceeding.- America's Byo Approach To Enforcing Money Judgments: Comment On Rechberger And Hess.- Fact Clarification And Effective Legal Protection In Civil Enforcement Law In Japan .- Investigation Of Debtor's Property In Japan - To Make Claims Truly Enforceable.- Comment On Civil Enforcement Reforms From A Comparative And Historical Perspective.- Proposal For A Procedure To Strengthen Creditor's Claims While Protecting Debtor's Quality Of Life And Privacy In Japan Study Group For Improvement Of Civil Enforcement Law.- Some Comments On The Proposals Of The Study Group From A German Perspective.- Comment On "A Proposal Of A Procedure To Strengthen Creditor's Claims While Protecting Debtor's Quality Of Life And Privacy In Japan" By The Study Group For Improvement Of Civil Enforcement Law.- The European Account Preservation Order In Dutch Practice.- Comments On The Report Of Prof. Krans.- Towards More Effective Enforcement Proceedings Through More Effective Asset Discovery.- Finding Defendant's Assets In Proceedings To Enforce Money Judgments In Switzerland.-  Searching Assets And Pressuring The Debtor For An Effective Enforcement: An Overview Of The Brazilian Execution Proceedings.- Polish Enforcement Law In Civil Cases - General Characteristics And Directions Of Development.- Effective Enforcement Of Creditor's Rights In Civil Execution Through Effective Discovery Of Debtor's Assets In Taiwan.- The Problem Of The Disclosure Of The Debtor's Assets In Enforcement Proceedings  From A Comparative Point OfView Of Korean Law.- Some Characteristics Of The Recourse To Debtors' Finances And Their Other Assets In Russia.- Argentina: Notes On Effective Enforcement Of Judgements In Civil Cases.- Jurisdiction, Forum And Enforcement Of Judgements: The Challenge Of Cooperation Between Courts Before And After Brexit (Civil Enforcement And Effective Protection Of Creditor's Rights In The Eu And In The Uk).

About the author

Masahisa Deguchi, Professor of Civil Procedural Law at Faculty of Law, Ritsumeikan University, Kyoto/Japan. He studied at Chuo University and Freiburg University (Germany) and got Master of law (Keio University 1988) and Doctor of law (University of Freiburg 1991) through DAAD-Scholarship. Fellow of Alexander von Humboldt Foundation in Freiburg (1994-1995, 2007), Regensburg (2015) and Colon (2015). JaDe-Preis [Die Stiftung zur Förderung japanisch-deutscher Wissenschafts- und Kulturbeziehungen in Köln] (2002). Verdienstkreuz am Bande des Verdienstordens der Bundesrepublik Deutschland (2006). Board Member of Notarial Law in Japan (since 2005). Vice President of International Association of Procedural Law (2007-2015) and Honorary Vice-President of International Association of Procedural Law (since 2015). Member of Judicial State Examination in Japan (2012). Vice President of DAAD-Tomonokai, Presidium Member of Freiburg Alumni and Board Member of Alumni Freiburg e.V. (since 2016).

Product details

• Assisted by: Masahisa Deguchi (Editor)
• Publisher: Springer, Berlin
• Languages: English
• Product format: Paperback / Softback
• Released: 01.12.2022
• EAN: 9789811656118
• ISBN: 978-981-1656-11-8
• No. of pages: 281
• Dimensions: 155 mm x 16 mm x 235 mm
• Illustrations: XIV, 281 p. 7 illus.
• Series: Ius Gentium: Comparative Perspectives on Law and Justice; Ius Gentium: Comparative Persp
• Subject: Social sciences, law, business > Law > Civil law, civil procedural law