Judicial Confrontation of Issues in the Enforcement of Foreign Judgments

Abstract

The growth of transactions involving a foreign element, or the increase in cross-border transactions, where dealings take place outside the state's borders, necessitates legal procedures and standards for enforcement when a court judgment is issued. This requires the enforcement of the foreign judgment within the state's borders. However, there are problems that may arise with such judgments due to issues that could violate public order and morals, or certain formal and substantive requirements, or even the constitution. Recognition and enforcement of a foreign judgment are possible, but this relies on specific procedures, such as submitting an official copy of the judgment, certified by the competent authorities, along with a certificate confirming that the judgment has become final. If the judgment was issued in absentia, copies of the notification document (a certified true copy) are required, and the official notification procedures must be followed. In some countries, as is the case in certain comparative secondary legal systems, particularly in French jurisprudence, the enforcement of a foreign judgment is subject to examination to grant it the force of res judicata. This gives the foreign judgment greater weight in its application, meaning it cannot be amended, examined, or reviewed again, and it becomes enforceable. Regarding the problems of enforcing a foreign judgment, there are two types: substantive problems, which are... The first type of issue concerns the procedures for issuing a foreign judgment. The second type involves temporary issues that do not affect the merits of the case. These temporary issues involve taking certain precautionary measures until a final judgment is issued, and this is known as summary proceedings.

The most important finding of this research is that the issues raised in the enforcement of foreign judgments are divided into those related to the conditions of recognition and enforcement, and those that arise after the enforcement stage. Resorting to summary proceedings remains a temporary measure that does not affect the merits of the case. It is also essential to define the concept of public order to prevent the overreach in refusing to enforce foreign judgments.