LIECHTENSTEIN Law and Practice Contributed by: Matthias Niedermüller, Alexander Milionis and Fabian Rischka, Niedermüller Attorneys-at-Law
4.2 Service of Proceedings out of the Jurisdiction In general, service of documents by Liechten - stein courts to recipients abroad is executed via diplomatic channels – ie, usually by way of letter rogatory proceedings through the Department of Justice and the Embassies of Liechtenstein and Switzerland. For some jurisdictions, direct communication channels between the courts are permitted based on bilateral agreements. Unlike in common law jurisdictions, service of official documents via private delivery or service of process does not meet the requirements of a lawful service. 5. Enforcement 5.1 Methods of Enforcement Liechtenstein courts enforce public documents issued by local courts and authorities. For enforcement of monetary claims, the credi - tor may request the seizure and auctioning of a debtor’s immovable and movable assets (Sec - tion 58 et seq and 168 et seq of the Enforcement Act). This also includes the seizure of any receiv - able or monetary claims of the debtor. Upon request, the court orders the seizure and transfer of receivables from the debtor to the creditor, as well as the authorisation of the creditor to exe - cute the rights of the debtor (eg, as shareholder, settlor of a trust, holder of founder’s rights, or beneficiary) in the same way as the debtor was formerly entitled to. If the decision obliges the debtor to a specific performance, the application for enforcement can also include demanding an act or an omis - sion of the debtor. If the act or omission is a matter of personal action by the debtor that may
• firstly, shareholders are injured directly by the fraudulent behaviour of directors of the legal entity without interposition of the entity itself; and • secondly, the legal entity has no claim against its own directors at all. 4. Overseas Parties in Fraud Claims 4.1 Joining Overseas Parties to Fraud Claims Joining Civil Proceedings Liechtenstein civil procedure law does not pro - vide specific rules for foreign parties with regard to joining civil proceedings. The requirements are identical for foreign and local parties. Every party with the intention of joining civil proceed - ings before Liechtenstein courts as an interven - ing party is required to convince the court of their legal interest in joining, if denied by a party to the dispute (Section 17 of the Civil Procedure Code). If a party joins proceedings successfully, a potential costs award can grant reimbursement of their own costs if the party on whose side the joining took place wins the litigation. In contrast, such party cannot be ordered to pay the oppo - nent’s costs in any event. Joining Criminal Proceedings Liechtenstein criminal procedure law provides for the right of a damaged party to join criminal proceedings at any stage prior to the end of the first instance. This applies to local and foreign parties alike. To join a proceeding, a declaration of joinder must be filed with the court, asserting the claims that have derived from the offence under investigation.
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