| Title: | The payment order procedure in the Netherlands |
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| Authors: | ID Ernes, Anna Leonarda Hubertina (Author)
ID Univerza v Mariboru (Copyright holder) |
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| Files: |  LeXonomica_2010_Ernes_The_payment_order_procedure_in_the_Netherlands.pdf (95,47 KB)
MD5: C5D4A345C8F828B2B3E4418717674437
PID: 20.500.12556/dkum/311ee8e3-994c-45fc-a76f-247efb4fa831
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| Language: | English |
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| Work type: | Scientific work |
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| Typology: | 1.01 - Original Scientific Article |
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| Organization: | PF - Faculty of Law
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| Abstract: | The Netherlands used to have a national payment order procedure that was quite similar to the present European Order for Payment Procedure. This procedure was replaced by a procedure for the recovery of uncontested claims in cross-border cases, though not in national cases. Although the Netherlands legislator allows filing a request to obtain a European order for payment via email, it has not yet come into force. Applications (in Dutch) for a European order for payment may be submitted to the district court in The Hague. There are two ways in the Netherlands for serving the defendant with an European Payment Order. It can be sent to the defendant by registered mail or it can be served by a bailiff. The Dutch Execution Act has not introduced any specific formal requirements for the defendant’s statement of opposition. The opposition in the Netherlands does not have to be reasoned. The review procedure is a procedure unfamiliar to Dutch civil procedure. However, it resembles a Dutch procedure in which a defendant appeals against a sentence of a procedure in which he did not appear in court (decision in abstentia). |
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| Keywords: | order for payment procedure, access to justice, centralization of the procedure, statement of opposition, review, European order for payment, Dutch order for payment |
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| Publication status: | Published |
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| Publication version: | Version of Record |
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| Year of publishing: | 2010 |
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| Number of pages: | str. 223-236 |
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| Numbering: | Letn. 2, št. 2 |
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| PID: | 20.500.12556/DKUM-71189  |
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| ISSN: | 1855-7147 |
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| UDC: | 347.952(492) |
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| ISSN on article: | 1855-7147 |
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| COBISS.SI-ID: | 257767680 |
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| NUK URN: | URN:SI:UM:DK:RKH0H3WS |
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| Copyright: | Univerza v Mariboru |
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| Publication date in DKUM: | 23.07.2018 |
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| Views: | 1236 |
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| Downloads: | 41 |
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| Metadata: |    |
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| Categories: | Misc.
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