Suchergebnisse

The prevalence of the rules and practices on the recognition and enforcement of foreign judgments gradually blurs the dividing line between 'recognition' and 'enforcement'. However, recognition is not an afterthought of enforcement.00'Recognition of Foreign Judgments' explores how the courts in the selected jurisdictions, namely the European Union, England and Wales, and the United States, decide whether and to what extent to grant some preclusive effects to foreign judgments, while giving recognition to foreign judgments. These effects can possibly be relied on by foreignjudgment holders to prevent a repetition of litigation of the same disputes or issues. To further reveal the practical significance of recognition of foreign judgments, this book explores some typical maritime cases and examines how the effects of certain maritime judgments can be extra-territorially realized by recognition, and how the mechanism of recognition of foreign judgments assists in achieving the objectives of the important legal mechanisms of maritime law

A judgment in a civil matter rendered in a foreign country is not automatically recognized in Israel. Before a judgment will be recognized or enforced, it must first undergo a domestic integration process. A declaration that a foreign judgment is enforceable in Israel is dependent upon its meeting certain conditions specified by statute, irrespective of whether recognition of the foreign judgment is indirect or direct. These conditions serve as the main route for giving validity to foreign in rem judgments and to personal status judgments, which cannot otherwise be enforced; recognition of a judgment as enforceable, however, enables it to be executed.The book integrates lucid, theoretical analysis of the issues of enforcement and recognition of foreign judgments with practical instructions. It thus serves as a valuable guide for anyone whether in the context of international commerce or to resolve transnational legal disputes. Despite the complexity of the questions addressed in the book, they are given accurate and easily understandable answers. Haggai Carmon's book grapples with the range of issues arising from the recognition of foreign judgments and their enforcement, i.e., the declaration that they are enforceable judgments. The book thoroughly and methodically examines these issues…Haggai Carmon has outstanding expertise in international law. He has a breadth of legal knowledge and extensive experience in both the theoretical and practical aspects of both private and public international law. He serves as legal counsel to commercial entities as well as foreign governmental agencies; amongst others, he is an outside legal counsel to the government of the United States. As this text reflects, Haggai Carmon is also a first-rate scholar and he shares his knowledge in a style that is suitable to every reader.Eliezer Rivlin, Deputy Chief Justice, the Israel Supreme Court

Intro -- Update -- Acknowledgements -- Table Of Contents -- List of Contributors -- List of Cases -- List of Legislative Materials -- 1. Introduction: Towards a System for the Recognition and Enforcement of Judgments -- 2. China -- 3. Hong Kong -- 4. Taiwan -- 5. Japan -- 6. South Korea -- 7. Singapore -- 8. Malaysia -- 9. Vietnam -- 10. Cambodia -- 11. Myanmar -- 12. The Philippines -- 13. Indonesia -- 14. Thailand -- 15. Sri Lanka -- 16. India -- 17. Conclusion: Towards an Asia of Judgments without Borders -- Bibliography -- Index.

Recognition and enforcement of foreign divorce judgments is an important part of the recognition and enforcement of foreign civil and commercial judgments. Based on the analysis of the classification of current judicial cases on the recognition and enforcement of foreign divorce judgments by Chinese courts, the study finds that the current Chinese courts maintain a high recognition rate of foreign divorce judgments and focus on the recognition of dissolution of marriage content. At the same time, China has clarified the treaty, legislative and judicial basis for recognizing and enforcing foreign divorce judgments, and established the application of the principle of reciprocity. This article will discuss the institutional development of the recognition of foreign divorce decrees by Chinese courts in the context of the entry into force of China's Civil Code and the current judicial practice of recognition and enforcement of foreign divorce decrees in China and the current legal provisions.