| Abstract [eng] |
Cash settlements with bank cards is one of the easiest settlement in international relations. However, the positive aspect of cross-border bank settlements is not always successful. Disputes arise between the parties. To protect his / her interests and to recover the money he / she owes and staying in another Member State, the creditor desires an efficient, low-cost option to recover his / her money as soon as possible. One of the creditors' remedies is the European Account Preservation. Therefore, the main objective of the research was to analyze bank account preservation as the application of creditors' remedy, to identify problems in the practical application of this remedy in case law and to suggest possible solutions. The first part discusses documents (Proposal of a regulation of the Briussels III, Green Papers 2006 and 2008 and Proposal for a European Account Preservation Order 2011) which, to some extent, established bank account preservation as creditors' remedy before the entry of the Regulation into force, analyzing what they contained regulated in terms of content due to the application of this remedy. The second part discusses bank account preservation as creditors' remedy, procedurally analyzing the conditions of issuing this remedy, proving real risk conditions at the theoretical and case law level, and analyzing alternatives and options for the preservation of the debtors' and others' accounts. The third part considers the debtor's position in the context of this creditor's remedy, analysing advantages and disadvantages of account preservation when the debtor has not been heard before, compensation the debtor of damage by the creditor, and amendment, cancellation, limitation of execution and termination of the preservation order to defend the debtor's interests. The fourth part dealt with certain problematic aspects of the Regulation – the non-application of the Regulation in arbitration, the different amount of stamp duty and the issue of serving a notification due to the indefinite concept of contact details under the Regulation required for serving the notification. |
