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Differences Between the Recognition and Enforcement of Authentic Instruments and the Recognition and Enforcement of Judgments
Author(s) -
Maria Dymitruk,
Jacek Gołaczyński,
Maria Kaczorowska,
Piotr Rodziewicz
Publication year - 2021
Publication title -
lexonomica
Language(s) - English
Resource type - Journals
eISSN - 1855-7147
pISSN - 1855-7155
DOI - 10.18690/lexonomica.13.1.1-16.2021
Subject(s) - enforcement , european union , order (exchange) , economic justice , political science , subject (documents) , european court of justice , mutual recognition , law enforcement , focus (optics) , law , psychology , european union law , law and economics , business , sociology , computer science , international trade , finance , library science , physics , optics
The subject of the article is to analyse and compare the specificity of judgments and authentic instruments in terms of cross-border recognition and enforcement under the Brussels I Recast Regulation framework. Particular focus has been put on the practical aspects of the definition of an authentic instrument. Selected detailed issues arising against this background have been discussed with reference to the Polish legal order as well as the case-law of the Court of Justice of the European Union (CJEU). Based on the undertaken considerations, some proposals have been formulated regarding the enhancement of the free circulation of authentic instruments within the European Union.

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