Sulla nozione di titolo esecutivo europeo
DI MARIA LAURA GUARNIERI
ABSTRACT – In civil and commercial matters we can count on a European judicial system where judgments don’t need for a declaration of enforceability and can be enforced under the same conditions as a judgement handed down in the member State of enforcement. As is known this effect belongs to the enforcement order for uncontested claims, to the European order for payment, to judgement given in small claims procedure, but also to judgments enforced according to reg. n. 1215/2012. The present paper examines the necessary conditions of this effect and together the situations in which this effect changes or runs out. Starting from the analysis of this effect, the purpose of the study is to propose a concept of European enforcement order which is able to overcome the differences between the European instruments and to involve them in a uniform type.
KEYWORDS – enforcement of judgements – European enforcement order – European order for payment – judgements given in small claims procedure – civil and commercial matters.