Naslov
Enforcement in the era of digitalisation: National and cross-border challenges

Autori
Tičić, Martina

Vrsta, podvrsta i kategorija rada
Sažeci sa skupova, ostalo, znanstveni

Skup
17th Regional Private International Law Conference "Private International Law in era of digitalization: challenges and perspectives in post Covid-19 period”

Mjesto i datum
Skopje, Sjeverna Makedonija, 18.11.2022

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Podatak o recenziji nije dostupan

Ključne riječi
digitalisation ; private international law ; EU ; enforcement

Sažetak
As it has been noticeable for some time already, digitalisation effects are becoming prevalent in all aspects of everyday life. This process was additionally accelerated after the outbreak of COVID-19. Among the areas affected by the ongoing process of digitalisation is also the legal sphere, despite being historically resistant to it. Particularly intricate is the field of enforcement, especially when a cross-border element is added. While some of the countries have so far established their own national online systems for certain types of enforcement or have utilized IT tools in different ways, in other countries this area of law seems to remain unaffected by digitalisation developments. This is unsurprising, considering the particularities of the enforcement law and different national systems that create obstacles to digitalisation. However, as the possibilities that digitalisation brings to the table are various, it is necessary to consider whether these could be properly employed in the area of enforcement, as they already are in different areas of law. Although the act of enforcement is governed solely by national laws, these considerations are important also in terms of private international law, i.e. in the process of recognition and enforcement of foreign judgments, authentic instruments and court settlements. This paper will focus on the topic of enforcement and the changes it is currently going through or could possibly go through in the future, all in the process of digitalisation. By analysing some of the latest developments in the national enforcement systems of the selected countries, particularly those of Croatia, Slovenia and Germany, it aims to analyse whether, and to what extent, can digitalisation be beneficial to the area of enforcement. Additional challenges that can arise in cross-border cases will also be reflected upon.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

Napomena
Rad je financiran sredstvima Hrvatske zaklade
za znanost iz projekta Razvoj karijera mladih
istraživača (DOK-01-2020).

POVEZANOST RADA