Research on the Enforcement of Foreign Judgments
1、Introduction
Since the end of last century, with the increasing frequency of international activities and the overwhelming trend of integrated economy in the world, countries have been inclined to accept and enforce the judgment having been made by his counterpart country, which have formed an important law to ensure the freedom of international economy. T he practice, recognizing and enforcement of the judgment made by the other country, is a necessary to get the international dispute settled, also it take the part as the ultimate return of the international civil action procedure as the whole. If the judgment produced by a country fails to receive the recognition and enforcement from the other countries, it shows that the lawsuit procedure lose its actual significance.
There are four treaties available to deal with the acceptance and enforcement of foreign judgment. The four covenants are as followings: Domestic Legislation, Bilateral Mutual Legal Assistance Treaty (in brief MLAT), District Mutual Legal Assistance treaty and General International covenant. For example, Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, established by European Economic Community in Brusel, September 27,1968, at the aim of implementing the provisions of Article 220 of that Treaty by virtue of which they undertook to secure the simplification of formalities governing the reciprocal recognition an无忧论文 【http://www.uklunwen.com】d enforcement of judgments of courts or tribunals, considering that it is necessary for this purpose to determine the international jurisdiction of their courts, to facilitate recognition and to introduce an expeditious procedure for securing the enforcement of judgments, authentic instruments and court settlements. For the purposes of this Convention, `judgment' means any judgment given by a court or tribunal of a Contracting State, whatever the judgment may be called, including a decree, order, decision or writ of execution, as well as the determination of costs or expenses by an officer of the court. A judgment given in a Contracting State shall be recognized in the other Contracting States without any special procedure being required. Any interested party who raises the recognition of a judgment as the principal issue in a dispute may, in accordance with the procedures provided for in Sections 2 and 3 of this Title, apply for a decision that the judgment be recognized. A judgment given in a Contracting State and enforceable in that State shall be enforced in another Contracting State when, on the application of any interested party, it has been declared enforceable there.
The recognition and enforcement of foreign judgment is not only highly looked in the field of Civil and Commercial Law but also turn into a indispensable tool to crack down the criminals when the countries recognition and have mutual recognition of foreign judgment, as international, trans-nation and do |
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