Description

Book Synopsis
The European Account Preservation Order (EAPO) Regulation provides a protective measure for creditors wishing to freeze the bank account of their debtor, preventing the transferral or withdrawal of funds. Courts can issue freezing measures over bank accounts located in other member states, thereby establishing a new remedy for cross-border debt recovery in Europe. This book provides a detailed article-by-article commentary of the EAPO Regulation. It describes its legislative history and structure and carries out a critical analysis of its provisions and recitals, focusing on the practical implementation of the instrument. The commentary also provides additional focus on the interplay between the EAPO Regulation and the existing EU instruments and framework, and examines specific issues that the implementation of the Regulation might raise in member states. This is an important resource tool for practitioners, legal scholars and students interested in the theoretical and practical impli

Table of Contents
Part I. Preliminary Chapters: 1. Introduction; 2. A brief overview of the regulation; 3. The territorial scope of the Regulation; 4. The exclusion of the arbitration; 5. The rights of the defendants under the regulation; Part II. Commentary: Preamble: 6. subject matter, scope and definitions; 7. Procedure for obtaining a preservation order; 8. Recognition, enforceability and enforcement of the preservation order; 9. Remedies; 10. General provisions; 11. Final provisions; Annexes.

The European Account Preservation Order Regulation

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    A Hardback by Gilles Cuniberti, Sara Migliorini

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      Publisher: Cambridge University Press
      Publication Date: 03/05/2018
      ISBN13: 9781107183483, 978-1107183483
      ISBN10:

      Description

      Book Synopsis
      The European Account Preservation Order (EAPO) Regulation provides a protective measure for creditors wishing to freeze the bank account of their debtor, preventing the transferral or withdrawal of funds. Courts can issue freezing measures over bank accounts located in other member states, thereby establishing a new remedy for cross-border debt recovery in Europe. This book provides a detailed article-by-article commentary of the EAPO Regulation. It describes its legislative history and structure and carries out a critical analysis of its provisions and recitals, focusing on the practical implementation of the instrument. The commentary also provides additional focus on the interplay between the EAPO Regulation and the existing EU instruments and framework, and examines specific issues that the implementation of the Regulation might raise in member states. This is an important resource tool for practitioners, legal scholars and students interested in the theoretical and practical impli

      Table of Contents
      Part I. Preliminary Chapters: 1. Introduction; 2. A brief overview of the regulation; 3. The territorial scope of the Regulation; 4. The exclusion of the arbitration; 5. The rights of the defendants under the regulation; Part II. Commentary: Preamble: 6. subject matter, scope and definitions; 7. Procedure for obtaining a preservation order; 8. Recognition, enforceability and enforcement of the preservation order; 9. Remedies; 10. General provisions; 11. Final provisions; Annexes.

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