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      The Effect of Enforceability

      LeXonomica
      University of Maribor

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          Abstract

          In this paper, the author focuses on the effect of enforceability, in particular in relation to Austrian law. However, insights into German and European law are also provided. Enforceability is an effect of a judgment which is basically only granted to performance judgments. Declaratory and constitutive decisions (with the exception of the decision on costs) are not enforceable as such. As a result, the order for performance contained in the judgment can be enforced by state coercive measures. Enforceability occurs upon termination of the performance period. Enforceability is neither a consequence of, nor necessarily coincides with, res judicata. The introduction of the Brussels Ia Regulation has fundamentally changed the system of enforcement of foreign decisions. Decisions given in the EU Member State and enforceable in that State are now enforceable in another Member States without the need for a declaration of enforceability.

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          Author and article information

          Journal
          LeXonomica
          lexonomica
          University of Maribor
          1855-7155
          1855-7147
          June 30 2021
          June 30 2021
          : 13
          : 1
          : 17-28
          Article
          10.18690//lexonomica.13.17.-28.2021
          ea64f6ff-17ea-40a8-8281-ae69c54b49a4
          © 2021

          https://creativecommons.org/licenses/by/4.0


          International economics & Trade,General law,Commercial law & legal protection,Law,Business & Corporate economics,Economics

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