ACKNOWLEDGING FOREIGN JUDGEMENTS

Acknowledging Foreign Judgements

[Institution Name]

Acknowledging Foreign Judgements

Introduction

“The society of nations will work better if foreign judgments are taken to create rights which supersede the underlying cause of action, and which may be directly enforced in countries where the defendant or his assets are to be found” As per Slade LJ in Adams v Cape Industries Plc [1990] Ch 433. Consequently, the English courts will only refuse to recognise or enforce a foreign judgment in limited circumstances. The paper discusses the concept of acknowledging and enforcing foreign judgements with a specific emphasis on the benefits to the society.

Inception of Debate on Foreign Judgements

As we know our law is based on Roman law, however, in the latter there is no history of a international politics, in fact, the only right was to be regulated nationals. With the birth of independent cultures of the Roman Empire was led to the creation or development of a system contemplated legal or included foreigners and this brought the birth of different theories and schools who developed the idea of international law private schools including French, Dutch, Anglo-Saxon and Italian, which showed or revealed different forms for the application of international law (Hartley, 1987, pp. 45). Many of these schools spoke of a simple courtesy, others spoke of reciprocity and other schools simply did not accept the application of foreign law.

In this way and with the passing of the years was developed and refined the private international law, as the needs of man were increasing due to different events such as mechanization or industrialization, war world, among others, because of this and other economic needs of the type led to the creation of Human Rights, as a compilation of rights, which are or first step for the global recognition of certain charges, in any territory should be respected.

From this moment each state began to develop and improve overall international politics, including some countries to create since you have not had, to thereby give way to recognition of the rights of different individuals (foreigners) who performed acts in a country foreign to the latter (Read, 1938, pp. 97). Hence arises the exequatur, which is a way to nationalize a foreign judgment and to implement it, that point will be the theme to be developed in this work in order to achieve a greater understanding of what it means to recognize a foreign judgment.

A claim is that the foreign court has jurisdiction if the debtor is the defendant in a foreign court to voluntarily submit to the jurisdiction of this court, or resided in the foreign country at the beginning of the process. For claims within the meaning of the Act of 1933 does not include cases of family character of the administration of the inheritance, insolvency and liquidation of companies in the custody of the mentally ill and juveniles (Read, 1938, pp. 97).

Claims of a foreign court are deemed to have jurisdiction if the subject of the claim - movable or immovable property situated in a ...