Inter-country Judgment Recognition And Enforcement Of Research

This dissertation consists of 5 chapters as follows:Chapter 1: On conceptions of the inter--state recognition and enforcement of judgments.In this chapter, the fundamental conceptions of recognition and enforcement of judgments are expatiated, including the meaning of judgment, the important significance of recognition of judgments, the relationship between recognition and enforcement of judgments, etc. On this ground, the history and status quo as well as the theoretical and legal basis of inter--state recognition and enforcement of judgments are analyzed. This dissertation holds that the recognition and enforcement of judgments could trace back to the Rome Age. They engendered, developed and changed along with the coming into being of private international law. In modern society, due to the different legal cultures, historical backgrounds, substantive rules, jurisdictional principles and remedial systems, states, especially those of different legal systems, are widely divergent in their attitudes towards foreign court judgments as well as in the procedurals adopted. Why shall a sovereign state recognize foreign court judgments? In theory, there are different explanations, most important of which are doctrine of vested rights or doctrine of debts, comitas gentium and non bis in idem or res judicata. This chapter holds that, in mordern society, comitas gentium with the modern meaning, namely, the theory of cooperation, bona fides and respect is more persuasive. Domestic legislations, bilateral treaties, international conventions and reciprocal relationships are legal basis of inter--state recognition and enforcement of judgments, among which domestic legislations are the most important ones. Due to the inherent limitations, reciprocal relationships have been spurned as the legal basis by more and more states.Chapter 2: On review of the inter--state recognition and enforcement of judgments.It is not unconditional for a state to recognize and enforce foreign judgments. Actually, examination of the judgments is a must. While, most states support the examination of formal (procedural) requirements instead of essential requirements, namely, the examination of findings of fact and application of law, etc. Pursuant to the practices of most states and the implementation of international treaties, examinations of judgments concentrate on the following aspects: 1, The jurisdiction of the court that made the original judgment, namely, the standard of jurisdiction. Since there are lots of differences in jurisdictional rules between states, it is vital to determine which law should be the standard to test the jurisdiction of the court that made the original judgment. On this issue, "Rule-derivative theory" and "Policy-derivative theory" Approaches are the predominant theories. This dissertation holds that the principle of "Verba ita sunt inteligenda ut res magis Valeat quuam pereat" should have the final say on the test of jurisdiction of the court that made the original judgment, so as to realize the free movement of judgments concerned. 2, The standard of public order. Public order test on foreign judgments is a system of every state. While, as far as public order is concerned, there is a disaccord among states on both its cognizance and application. Some states adopt the practice of idle fields, namely, to stipulate the citation of public order exception in certain specific fields. Some other states take the means of general provisions, namely, to stipulate the refusal of recognition and enforcement of foreign judgments when there is a conflict with public order of domestic state. This dissertation holds that efforts should be made by every state to harmonize values concerned and to reduce the application of public order so as to avoid possible abuse of this system. The author holds that judgments can be refused only when they are against the fundamental moralities, equities as well as legal principles or spirits and material interests of the domestic state. 3, Fraud and natural justice. (1) Fra...