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Unit 8: Recognition and Enforcement of Foreign Judgments
8.1 Concept of Recognition and Enforcement and its Significance
The distinction (the exam’s-first-cut): the recognition (the status-effect (the foreign-judgment’s-taken-as-true (the marriage’s-the-divorce’s-the-status’ (the no-execution-needed)))); the enforcement (the compulsion-effect (the money-and-the-order’s-execution (the state’s-power-needed (the fresh-act-of-the-forum)))); the significance (the judgment’s-life-beyond-the-border (the globalised-dispute’s-resolution (the without-it: the re-litigation’s-waste (the “sue-again-in-every-country” absurdity))); the comity’s-instrument (the international-courtesy’s (the reciprocity’s-hopes))).
8.2 Theoretical Foundation of Recognition and Enforcement of Foreign Judgment
- The comity-theory (the Story’s-classic): the respect-not-obligation (the sovereign’s-courtesy (the Dutch-origin’s (the practical’s-power (the vagueness’s-critique))));
- The obligation-theory: the duty’s (the territorial’s-and-the-justice’s (the judgment’s-merit-demanding (the international-law’s-claim (the proof’s-difficulty))));
- The vested-rights-theory: the right’s-vested (the foreign-judgment’s-creation (the forum-protects (the Beale’s-USA-face (the fiction’s-critique))));
- The modern’s-local-law-theory (the forum-creates-the-equivalent (the Eaton’s-lore (the pragmatic’s))); the doctrine’s-function (the explanation-vs-the-justification (the exam’s-balance: the comity-as-the-usage (the theory-as-the-coat-rack))).
8.3 Grounds for Recognition and Enforcement of Foreign Judgment and Defense for Non-Recognition and Non-Enforcement
- The requisites (the exam’s-list): the foreign-court’s-jurisdiction (the international-competency (the defendant’s-presence-or-the-submission (the no-exorbitant’s)); the final-and-conclusive (the no-pending-appeal’s (the res-judicata’s)); the merits’ (the on-the-substance (the no-summary’s)); the due-process (the notice-and-the-hearing (the natural-justice’s (the LAW5605-U7’s-doctrine-exported))); the no-conflict (the public-policy’s (the forum’s-fundamental)); the no-fraud (the procured-judgment’s); the reciprocity (the some-states’ (the not-the-general-requirement (the different-systems’ faces))); the no-earlier-local-judgment (the conflict-of-decrees’ (the lis’s));
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