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Where a debtor does not spontaneously perform his obligations towards his creditor, the latter is entitled to compel him to perform his obligations through all legal and enforcement procedures.

When all the elements of the dispute are not located in the same State, the question arises of identifying the internationally competent judge, both to hear the merits of the case and to order any provisional measures.  This internationally competent judge shall, if necessary, settle any disagreement between the parties as to the applicable law.

In such a case, it will also be a question of determining which law will determine the conditions for the enforcement of the creditor’s title.

Blog Post
Published on 03 August 2020
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