Research On Recognition Or Enforcement Of The Severable Part Of A Judgment Under The Convention On Choice Of Court Agreements

The Convention on Choice of Court Agreements in 2005 was the first convention on the jurisdiction of foreign-related civil and commercial cases and the recognition and enforcement of judgments.Since its adoption in 2005,the Convention has received wide attention from the international community.Expect it to have the same effect as the New York Convention.With the accession of the European Union,the Convention on Choice of Court Agreements has entered into force on October 1,2015,and it has formally applied to the jurisdiction of international civil and commercial cases and the recognition or enforcement of judgments.The Convention on Choice of Court Agreements represents the development trend of the global legal system.The legislative spirit and advanced achievements embodied in it are more worthy of study and reference by all countries.The recognition or enforcement of the severable part of a judgment is the manifestation of the spirit of flexibility in the Convention on Choice of Court Agreements,which harmonizes the conflicts of interest of States in the implementation of the Convention and broadens the scope of recognition or enforcement of judgments.In addition to introduction and conclusion,this paper consists of four parts.The first part is an overview of the recognition or enforcement of the severable part of a judgment.First of all,the concept related to recognition or enforcement of the severable part of a judgment is defined.Secondly,it discusses the realistic basis of the severable part of a judgment——the reality that the foreign-related civil and commercial judgments is difficult to obtain the recognition or enforcement.And further discusses the reasons that hinder the recognition or enforcement of judgments.Finally,it is concluded that the recognition or enforcement of the severable part of a judgment is of great significance to alleviate this difficulty to some extent.In the second part,this paper analyzes the theoretical basis of the recognition or enforcement of the severable part of a judgment,discusses the theoretical basis and the new development of the traditional "partition" theory in the field of recognition or enforcement of judgments.In addition,this chapter analyzes the design of the system of recognition or enforcement of the severable part of a judgment of the Convention on choice of court agreements.This part lays the foundation for the analysis of the full text.The third part is the application of the recognition or enforcement of the severable part of a judgment of the Convention on choice of court agreements.This chapter analyzes the conditions for the recognition or enforcement of the foreign judgments and the reasons for refusing to recognition or enforcement of the Convention,and then analyzes the application of the recognition or enforcement of the severable part of a judgment.This chapter further analyzes the specific application of recognition or enforcement of the severable part of a judgment.It is concluded that the system has the function of expanding recognition and enforcement scope of foreign-related judgments and can further promote the free flow of judgments in the international community in practice.The fourth part is the consideration of China's accession to the Convention on choice of court agreements.This chapter discusses the necessity of China's accession to the Convention.Accession to the Convention conforms to the inevitable trend of development of the international community and is conducive to the development and perfection of International Private Law in China.At the same time,it discusses the feasibility of China's accession to the Convention and further recognizes that China,as a major trading country of the international community,should join the Convention on Choice of Court Agreements.