Zoekresultaten

Zoekopdracht: faculteit: "FdR" en publicatiejaar: "2011"

AuteurM.A. Suciu
TitelLoose ends: the enforcement of punitive damages from an European perspective
BegeleiderA.A.H. van Hoek
Jaar2011
Pagina's30
FaculteitFaculteit der Rechtsgeleerdheid
OpleidingFdR MA European Private Law
TrefwoordenEuropean Private Law; enforcement; punitive damages; exemplary damages
SamenvattingOne very distinctive feature in the civil liability model of the Common law oriented member states of the European Union (England and Wales, Northern Ireland, Cyprus, Republic of Ireland and Malta) is that they allow in their law systems the use of the specific legal instrument of punitive damages (also known as exemplary or aggravated damages), as a deterrent remedy for improper conduct. Civil law oriented countries do not seem to know this concept and their civil liability model is more focussed on the reparation or compensation of the damage. With the strong development of the international trade the past decennia, European national courts have been challenged with the requests of parties involved in international litigations (mainly from the United States) looking for recognition of judgements containing punitive damages in the civil courts of the EU member states. In Spain, there is one case reported, where recognition has been granted for a judgement with punitive elements coming from the US, while in other member states of the EU recognition has been denied in the vast majority of cases so far, on grounds of public policy reasons. This research will start with a presentation of the historical context in which punitive damages emerged so that we better understand the role and suitability of punitive damages in general. Additionally, by taking a look at the current scheme of recognition and enforcement of foreign claims under the provisions of the Brussels I Regulation1 and in the light of relevant ECJ case law, we expect to gain better insight into the question on what the chances would be nowadays, for a foreign claim with punitive elements coming from an EU common law member state of getting recognised in a EU civil law member state.
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