Effective Enforcement of Creditors’ Rights

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.