The Case Law of Central and Eastern Europe: Enforcement of Contracts - Editors' Introduction

Abstract

Having realized the importance of courts in shaping the contours of law outside the common law systems, this work uniquely endeavors to fill the gap by this collection of empirically-based analyses of developments in the economies and connected laws of Albania, the Czech Republic, Hungary, Lithuania, Moldova, Poland, Romania, Russia, Serbia, and Ukraine – as they have surfaced through court cases. As such it is a tool for understanding the unique legal environment of Central and Eastern Europe by way of casting a closer glance at legal and business problems connected to enforcement of contracts. The book covers not just issues of procedural nature like measures aimed at improving the efficiency of court enforcement and the work of bailiffs, the recently discovered provisional and preliminary measures, or enforcement of foreign judgments and arbitral awards; but also such other issues as the fate of newcomer contracts (franchise, leasing, various secured and transactions in securities) or the inherited penalty clauses in the region.

Keywords: Central and Eastern Europe, case law, enforcement of contracts, franchise, leasing, arbitration, bankruptcy, transactions in securities, Council of Europe cases, Albania, the Czech Republic, Hungary, Lithuania, Moldova, Poland, Romania, Russia, Serbia, Ukraine

JEL Classification: K40