Towards the creation of the cross-border precautionary and executive warrant in the European Union

Abstract

This work examines the question of whether cross-border litigation in the European Union needs a cross-border precautionary and executive warrant and it concludes that indeed it does. Then it moves on to examine the common elements in three different legal systems in the European Union, namely, Germany, France and England and Wales. Finally, drawing upon the common elements of the three different legal systems, the final chapter proposes a system of precautionary and executive warrants which would be available to the cross-border litigants who wish to caution and enforce their cross-border debts.