Die Rückabwicklung der vorläufigen Vollstreckung im nationalen und europäischen Zivilprozessrecht

The comparative study on provisional enforcement provides solutions how to fairly balance the competing interests of the parties involved. In France and Germany, provisional enforcement bears a great risk for the creditor of being held liable when the judgment is set aside on appeal. Due to the long duration of the proceedings, it seems inequitable to place such a heavy burden solely on the party who has already obtained an enforceable title. The Italian approach, where the liability of the creditor is fault-based, allows for a better risk distribution, provided that an adequate level of debtor protection is in place. Furthermore, the abolition of exequatur makes it necessary to analyze provisional enforcement and its consequences in international cases. Thus, the author includes the application of the Brussels I Recast (EU 1215/2012) to cross-border provisional enforcement as well as the functioning of the new instrument establishing a European Account Preservation Order (EU 655/2014).