Overview
- Provides the most comprehensive international comparison of the discovery of debtors’ assets
- Furnishes unique insights in current developments in enforcement proceedings on four continents
- Is authored by leading experts from 17 countries and areas
Part of the book series: Ius Gentium: Comparative Perspectives on Law and Justice (IUSGENT, volume 91)
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Table of contents (24 chapters)
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Front Matter
Keywords
About this book
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.
Editors and Affiliations
About the editor
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).
Bibliographic Information
Book Title: Effective Enforcement of Creditors’ Rights
Editors: Masahisa Deguchi
Series Title: Ius Gentium: Comparative Perspectives on Law and Justice
DOI: https://doi.org/10.1007/978-981-16-5609-5
Publisher: Springer Singapore
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Singapore Pte Ltd. 2022
Hardcover ISBN: 978-981-16-5608-8Published: 28 November 2021
Softcover ISBN: 978-981-16-5611-8Published: 29 November 2022
eBook ISBN: 978-981-16-5609-5Published: 27 November 2021
Series ISSN: 1534-6781
Series E-ISSN: 2214-9902
Edition Number: 1
Number of Pages: XIV, 281
Number of Illustrations: 7 b/w illustrations
Topics: Civil Procedure Law, Private International Law, International & Foreign Law, Comparative Law , European Law, Dispute Resolution, Mediation, Arbitration, Human Rights