Journal of Civil Judgment Enforcement Law

2020 ◽  
Keyword(s):  
Civil Judgment

scholarly journals Pennzoil v. Texaco

1988 ◽  
Vol 27 (1) ◽  
pp. 77
Author(s):  
Mark G. Yudof ◽  
John L. Jeffers
Keyword(s):  
American History ◽  
Policy Issues ◽  
Legal Principles ◽  
Contract Formation ◽  
Civil Judgment

This paper discusses the Pennzoil v. Texaco litigation, which produced the largest civil judgment, $10.53 billion US., and the largest civil settlement. $3 billion U.S.. in American history. It describes the facts of the case, provides an overview of the American legal principles respecting Contract formation and tortious interference with contract, and considers some of the policy issues arising therefrom.

scholarly journals Improving the Mechanism to Examine Judgment Debtor’s Ability to Satisfy Civil Judgments in Vietnam from International Experience

2018 ◽  
Vol 34 (1) ◽  
Author(s):  
Nguyen Thi Bich Thao ◽  
Nguyen Thi Huong Giang
Keyword(s):  
The United States ◽  
White Paper ◽  
Civil Procedure ◽  
Lessons Learned ◽  
Washington Dc ◽  
Oxford University ◽  
The United Kingdom ◽  
Current State ◽  
Procedure Code ◽  
Civil Judgment

This article provides an overview of current law and current state of examining conditions of civil judgment enforcement in Vietnam and points out that the main shortcomings are the lack of a court’s supporting mechanism and lack of strict sanctions imposed on judgment debtors and other agencies, organizations and individuals who fail to provide information on the judgment debtor’s assets. The article explores the mechanism for examining of conditions for civil judgment enforcement in several countries such as the United States, the United Kingdom, and Canada and draws some experience for improving the law on examining conditions of civil judgment enforcement in Vietnam. Keywords Civil judgment enforcement, examining judgment debtor’s ability to satisfy civil judgment enforcement References [1] Council of Europe. 2003, “Recommendation Rec(2003)17 of the Committee of Ministers to Member States on Enforcement.” September 9, https://wcd.coe.int/wcd/ViewDoc.jsp?id=65531&Site=COE. [2] Henderson, Keith, Angana Shah, Sandra Elena & Violaine Autheman. 2004. “Regional Best Practices: Enforcement of Court Judgments. Lessons Learned from Latin America.” IFES Rule of Law White Paper Series, International Foundation for Electoral Systems, Washington, DC. [3] Hoàng Thị Thu Trang, Hoàn thiện quy định pháp luật về xác minh điều kiện THADS, Tham luận của Cục THADS tỉnh Nghệ An, http://thads.moj.gov.vn/nghean/noidung/tintuc/lists/nghiencuutraodoi/view_detail.aspx?itemid=13.[4] European Commission for the efficiency of justice, CEPEJ Guidelines for a better implementation of the existing Council of Europe's recommendation on enforcement, https://www.coe.int/t/dghl/cooperation/cepej/textes/Guidelines_en.pdf[5] Wendy A. Kennett, Enforcement of Judgments in Europe, Oxford University Press, 2000.[6] German Civil Procedure Code, https://www.gesetze-im-internet.de/englisch_zpo/englisch_zpo.html.[7] Federal Rules of Civil Procedure, http://www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-civil-procedure.[8] California Civil Procedure Code, http://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=ccp[9] Procedure for enforcing a judgment: England and Wales, https://e-justice.europa.eu/content_procedures_for_enforcing_a_judgment-52-ew-en.do?member=1[10] British Columbia Law Institute, Report on the Uniform Civil Enforcement of Money Judgment Acts, 2005.[11] Học viện Tư pháp, Giáo trình Nghiệp vụ thi hành án dân sự (Phần Kỹ năng), Tập 1, NXB. Tư pháp, 2017.  

scholarly journals A Common Market Problem Becomes More Common: the Trans-Tasman Proceedings Act 2010

2021 ◽  
Author(s):  
◽  
Matthew Webb
Keyword(s):  
New Zealand ◽  
Common Market ◽  
The European Union ◽  
Economic Market ◽  
Strong Argument ◽  
Outer World ◽  
Market State ◽  
The Common ◽  
Civil Judgment ◽  
The Impact

<p>As part of a wider process of economic integration and the move towards a single integrated economic market, Australia and New Zealand entered into bi-lateral treaty in 2008 in order to resolve existing issues with the reciprocal enforcement of civil judgment which had arisen between the two countries. Labelled the “Christchurch Agreement” this treaty was incorporated by both countries into their domestic law in 2010 and now governs the allocation of disputes between Australia and New Zealand, where the parties are located within the common market of Australia and New Zealand and inter-state enforcement of civil judgments more generally. The Trans-Tasman Proceedings Act 2010 (Cth) and (NZ) (“TTPA”), will arguably provide significant benefits by reducing barriers to trade and improving the economic prosperity of both countries. However it is argued that, similar to other common market reciprocal enforcement schemes (such as the Brussels Model in the European Union), Australia and New Zealand failed to consider the impact of the outer world problem. The outer world problem is a recurring theme in common market arrangements, and results from a failure to provide generic proportionate jurisdictional test for cases involving foreign defendants sued in a common market state. The result is excessive jurisdictional rules within a particular state can potentially result in proceedings being retained where there is a strong argument the dispute is more closely connected with another forum. The resulting judgment (should judgment in the plaintiff’s favour be granted), can then be quickly enforced throughout the common market (specifically New Zealand) to the disadvantage of the defendant. The outer world problem is clearly present under the TTPA scheme, beginning in Australia and cumulating in enforcement of the judgment in New Zealand. It remains present even in the case of international commercial contract disputes. This is unfair and discriminatory towards foreign defendants, and arguably justifies reform, or at least discussion and justification of this approach.</p>

scholarly journals L'effectivité des décisions de la justice pénale

2005 ◽  
Vol 26 (4) ◽  
pp. 971-993
Author(s):  
Louise Viau
Keyword(s):  
Criminal Court ◽  
Court Decisions ◽  
Criminal Courts ◽  
Judicial Decisions ◽  
Civil Judgment

To measure how effective the decisions of criminal courts really are, the author identifies the various factors interfering with the application of judicial decisions. Are the decisions of foreign jurisdictions binding before the Canadian authorities for extradition purposes ? Moreover, within Canada, what factors might affect the execution of a jail sentence, a fine, or even the suspension of a driving permit ? It will be seen that some of the factors identified interfere only marginally with the decisions while others contribute significantly in modifying the decisions as pronounced by the criminal courts. The conclusion of this paper is that the effectiveness of criminal court decisions is quite relative. It follows that the imposition of a penalty upon those who fail to obey a civil judgment should not be considered as a means of ensuring the effectiveness of that judgment.

scholarly journals Adaptive Evaluation of Civil Judgment Recession in Iran and French Law

2016 ◽  
Vol 9 (6) ◽  
pp. 104
Author(s):  
Hajar Moshayedi ◽  
Vahid Khandany ◽  
Ghavam Karimi
Keyword(s):  
French Law ◽  
The Law ◽  
Civil Judgment ◽  
The Right

The main purpose of judgment is to protect the right and performing justice. The judgment is the tool to operate the justice and judge also the same as others is under the failure and fault. If any verdict is released in a judgment result that is accompanied with error, there is no doubt that it should be judged again juristically, therefore to have a vote free of error, the recession of judgment is predicted. Therefore in such condition that the law allows the voting court to be able to release adequate vote by considering the discovered realties about the struggle subject and ignoring previous vote and releasing the new verdict. In this article we try to evaluate and compare the judgment recession in Iran and French law weak and strength points so that if required it is regarded by the respected legislator of that country law.

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