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Die entsprechende Anwendbarkeit des den Par. 945, 717 Abs. 2, 641g, 302 Abs. 4 S. 3, 600 Abs. 2, 1041 Abs. 4 S. 1 zugrunde liegenden Rechtsgedankens auf die einstweiligen Anordnungen in der ZPO.
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ISBN: 3631349661 Year: 1999 Publisher: Frankfurt am Main Lang

Les questions préjudicielles à la Cour d'arbitrage : aspects théoriques et pratiques
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ISBN: 2802714910 9782802714910 Year: 2001 Volume: 20 Publisher: Bruxelles Bruylant


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A Cross Border Study of Freezing Orders and Provisional Measures : Does Mareva Rule the Waves?
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ISBN: 3319943480 3319943499 Year: 2018 Publisher: Cham : Springer International Publishing : Imprint: Springer,

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Abstract

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, 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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