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Record Nr. |
UNINA9910299866003321 |
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Autore |
Tajti Tibor |
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Titolo |
A Cross Border Study of Freezing Orders and Provisional Measures : Does Mareva Rule the Waves? / / by Tibor Tajti, Peter Iglikowski |
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Pubbl/distr/stampa |
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Cham : , : Springer International Publishing : , : Imprint : Springer, , 2018 |
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ISBN |
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Edizione |
[1st ed. 2018.] |
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Descrizione fisica |
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1 online resource (100 pages) |
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Collana |
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SpringerBriefs in Law, , 2192-8568 |
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Disciplina |
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Soggetti |
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Private international law |
Conflict of laws |
International law |
Comparative law |
Commercial law |
Law - Europe |
Trade regulation |
Private International Law, International and Foreign Law, Comparative Law |
Business Law |
European Law |
International Economic Law, Trade Law |
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Lingua di pubblicazione |
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Formato |
Materiale a stampa |
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Livello bibliografico |
Monografia |
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Nota di contenuto |
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Introduction -- Provisional measures in France and the United Kingdom -- Provisional measures in the United States -- Post-socialist jurisdictions: Provisional measures in Hungary -- The European account preservation order: Nuclear weapon or paper tiger? -- Conclusions and possible ways forward. |
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Sommario/riassunto |
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This book compares the law on provisional measures of common law and civil law countries, the goal being to identify and compare their main advantages and disadvantages. The guiding concept is a well-known statement by the Justices of the US Supreme Court expressed in the famous Grupo Mexicano case, according to which the “age of slow-moving capital and comparatively immobile wealth” has now passed, |
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and the 21st century requires a fresh look at the law of provisional measures. In the quest to find a model for interim relief, the Mareva Injunction, subsequently renamed the ‘Freezing Order’ in the English Civil Procedural Rules, is used as the benchmark to which each of the targeted systems discussed here is compared. This is because international scholarship, as well as e.g. the US Supreme Court, generally consider the Mareva Injunction to be the most effective and farthest-reaching provisional remedy. The analysis suggests that the Mareva Injunction / Freezing Order represents the type of relief that will most likely continue to dominate as the most efficient and farthest-reaching interim measure in the years to come. |
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