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Sovereignty, Territorial and Enforcement of Foreign Judgments
Article is devoted to the execution of foreign judgments and the impact on the institution of legal phenomena such as the sovereignty of the state and its territoriality. Execution of the judgment, and in particular the foreign judgment, would not be possible until the defendant or his property will not be found within the location of the court at the beginning of the execution. Judgment delivered outside the state borders can be enforced only after the decision concerning the applicability of the principle of comity or the existence of any international obligations in the contractual form. Sovereignty and territoriality determine the need for exceptions to the general rule of recognition of foreign judgments, even if they do not determine their exact form and content. Indeed, the exceptions must not have the exact form and content, and be a deterrent from «re-execution» of foreign judgments. Within the boundaries of the state execution of the foreign judgment has no legal value, even if there is the defendant or his property. In this respect, territorial restrictions are inevitable, and they will remain until the power of the courts depends on the power of the nation state.
Keywords: civil procedure; recognition and enforcement of foreign judgments; sovereignty; territory.
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Information about the authors
George Rutherglen (Charlottesville, USA) – Law Professor in John Barbee Minor Distinguished, Professor of Labor Law at the University of Virginia (VA 22903-1738, USA, Charlottesville, 580 Massie Road; e-mail: [email protected]).
James E. Stern (Williamsburg, USA) – Assistant Professor at William & Mary Law School (VA 23187, P.O. Box 8795, USA, Williamsburg, 613 South Henry St.; e-mail: [email protected]).
George Rutherglen, James E. Stern
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