ELRA Contribution to the Green Paper on the review of Council Regulation (EC) Nº 44/2001

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ELRA Contribution to the Green Paper on the review of Council Regulation (EC) Nº 44/2001 on Jurisdiction and the Recognition and Enforcement of Judgements in Civil and Commercial Matters Mr. José Simeón Rodriguez (Colegio de Registradores). REGULATION 44 & LAND REGISTRY.
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ELRA Contribution to the Green Paper on thereview of Council Regulation (EC) Nº 44/2001 on Jurisdiction and the Recognition and Enforcement of Judgements in Civil and Commercial MattersMr. José Simeón Rodriguez (Colegio de Registradores)REGULATION 44 & LAND REGISTRY
  • Background :art. 220 TCCE.Brusssels Convention 1968. The role of the Court of Justice.
  • Espace of freedom,security and justice:Maastricht and the third pillar.Regulation 44/2001-Brussels I-.
  • Amsterdam and the first pillar :art.65 and 67 TCE.
  • REGULATION 44 & LAND REGISTRY
  • GENERAL RULES :EXCLUSIVE INTERNAL JURISDICTION FORCLOSURE AND REAL STATE RIGHTS AND LR. LEX REI SITAE PRINCIPLE.
  • POINTS OF CONNECTION:INFORMATION. REGISTRATION OF FOREIGN DECISIONS. PROVISIONAL MEASURES.
  • GENERAL BACKGROUND: TAMPERE AND THE HAGUE PROGRAM. THE HEIDELBERG REPORT.PARTICULAR ISSUES:EXEQUATUR.INTERNATIONAL ORDER.CHOICE OF COURT.INDUSTRIAL PROPERTY.LIS PENDENS.PROVISIONAL MEASURES.ARBITRATION.OTHERS.THE REVISION OF REGULATION 44 THE REVISION AND THE LAND REGISTRY
  • EXCEPTIONS TO THE EXCLUSIVE JURISDICTION RULES.
  • ELIMINATION OF EXEQUATUR.
  • PROVISIONAL MEASURES.
  • AUTHENTIC ACT.
  • JURISDICTION AND CHOICE OF COURT
  • RENT OF OFFICE ESPACE.
  • TIME-SHARING.
  • RECOGNITION BY THE REGISTRAR OR ENFORCEMENT.SAFEGUARDS:AUTHENTICITY AND TRANSLATION.GUARANTEE FOR THE DEFENDANT &THE CHART OF FUNDAMENTAL RIGHTS.PROVISIONAL REGISTRATION IN CASE OF APPEAL.CONTROL OF JURISDICTION OR PUBLIC POLICY?ELIMINATION OF EXEQUATUREX PARTE MEASURESINFORMATIONART. 31 MEASURES AND REVISION BY THE MAIN JUDGEREAL CONNENTING LINK AND ART.31: POSSIBLE REVISIONSERVICE TO THE DEFENDANTTHE LR ROLE .THE G. P. ON INFORMATION OF DEBTORS ASSETSDEFINITION OF CLEAR RULES AND MODIFICATION OF THE LR BY THE SAME JUDGELR SPECIALLY AGREES WITH THE PRINCIPLE. CRITICS TO FORUM SHOPPING IN THIS FIELD PROVISIONAL MEASURESAUTHENTIC ACTEXECUTIVE TITLE AND REGULATION 44THE QUESTION OF FREE CIRCULATION: -THE PRINCIPLE OF MUTUAL RECOGNITION -THE SCOPE OF THE INTERNAL LAW
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