Inaug.-Diss.--Freiburg i. B. / Cover title. Lebenslauf. "Schrifttumsverzeichnis": pp. 6-9.

A person filing a civil claim faces the risk of being unable to enforce a favourable judgment. This is because their opponent may dissipate his assets and consequently be unable to satisfy a judgment given against him. Several mechanisms seek to alleviate this risk by preserving the defendant's assets pending judgment. These are predominantly the civilian in rem order and the common law freezing order. Fundamental differences between the common and civil law traditions may be observed in the freezing order and its civilian counterpart. Primarily, these are to be found in the margin of discretion given to the judge and the sanctions against non-compliance. The latter issue is closely related to the entity against which an order is directed: in the common law it is directed against the person, while in the civil law, against the asset. The significantly diverse approaches in these areas show the different course each of the legal families has taken in the administration of justice. The problem of preserving assets pending judgment becomes more complicated when the assets are not located in the same country as the courts with jurisdiction on the merits. The recently introduced European Account Preservation Order (‘EAPO') regulation is a pre-judgment instrument which enables a litigant to obtain an order preventing the transfer of funds held by the respondent in a bank account within the EU. It is the first of what may become several EU-wide provisional and protective measures. At first glance, the EAPO resembles the continental model rather than its common law counterpart, and, thus, brings into the open the differences between the two traditions in the area of provisional and protective measures. This work examines whether the features of the common law tradition - which in fact derive from the law of equity - ie judicial discretion in granting or refusing relief and contempt of court sanctions, could improve the EAPO as well as other EU-wide provisional and protective measures that may follow. It is argued that greater judicial discretion and a contempt sanction, provided that they are kept within certain limits, would improve the EAPO and similar measures in terms of efficiency and fairness.

Thesis (doctoral)--Universität Jena.

Thesis (doctoral)--Universität Bern.

Thesis (doctoral)--Universität Zürich, 1972. / Includes bibliographical references (p. xiv-xviii).

No description available.

The subject of my thesis is one which has been subject of many reports of reform of civil justice system across Canada. I consider that the reform of civil justice system is of fundamental importance for our society affecting all the citizens of our country and is, also, a fascinating topic. This thesis examines the changes proposed by Honourable Judge Coulter Osborne through the lens of the reform in civil procedure rules operated in the U.K.as a result of Lord Wolfe’s report because the Canadian justice system is founded upon Anglo-Saxon common law principles. My conclusion is that any substantial reform of the civil justice system must start with an increased role of the judge over the case, in the way promoted in U.K’s Civil Procedure Rules, and that Justice Osborne’s civil justice project still doesn’t propose a much needed overhaul change of Civil Procedure Rules in Ontario.

The subject of my thesis is one which has been subject of many reports of reform of civil justice system across Canada. I consider that the reform of civil justice system is of fundamental importance for our society affecting all the citizens of our country and is, also, a fascinating topic. This thesis examines the changes proposed by Honourable Judge Coulter Osborne through the lens of the reform in civil procedure rules operated in the U.K.as a result of Lord Wolfe’s report because the Canadian justice system is founded upon Anglo-Saxon common law principles. My conclusion is that any substantial reform of the civil justice system must start with an increased role of the judge over the case, in the way promoted in U.K’s Civil Procedure Rules, and that Justice Osborne’s civil justice project still doesn’t propose a much needed overhaul change of Civil Procedure Rules in Ontario.

Thèse--Université de Nancy. / "Bibliographie": 3d prelim. leaf.

Thesis (M.A.)--City University of Hong Kong, 2008. / "A dissertation undertaken in partial fulfillment of the requirements of the M.A. in arbitration and dispute resolution, City University of Hong Kong." Title from PDF t.p. (viewed on Apr. 1, 2008) Includes bibliographical references.