Keywords

Summary



Keywords

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1 . CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - RECOGNITION OF JUDGMENTS - SCOPE - EFFECTS OF A JUDGMENT IN THE STATE IN WHICH IT WAS GIVEN - SAME EFFECTS IN THE STATE IN WHICH ENFORCEMENT IS SOUGHT

( CONVENTION OF 27 SEPTEMBER 1968, ART . 26 )

2 . CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - ENFORCEMENT - JUDGMENT ORDERING MAINTENANCE PAYMENTS - OBSTACLES TO PROCEEDING WITH ENFORCEMENT - CIRCUMSTANCE FALLING OUTSIDE THE SCOPE OF THE CONVENTION - DIVORCE DECREED IN THE STATE IN WHICH ENFORCEMENT IS SOUGHT .

( CONVENTION OF 27 SEPTEMBER 1968, SECOND PARAGRAPH OF ART . 1 AND ART . 31 )

3 . CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - RECOGNITION AND ENFORCEMENT - GROUNDS FOR REFUSING ENFORCEMENT - IRRECONCILABLE JUDGMENTS - FOREIGN JUDGMENT MAKING A MATRIMONIAL MAINTENANCE ORDER - DECREE OF DIVORCE GRANTED IN THE STATE IN WHICH ENFORCEMENT IS SOUGHT

( CONVENTION OF 27 SEPTEMBER 1968, ARTICLE 27 ( 3 ) )

4 . CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - ENFORCEMENT - FAILURE TO APPEAL AGAINST THE JUDGMENT GRANTING LEAVE TO ENFORCE - PLEADING, AT THE EXECUTION STAGE, OF GROUNDS FOR REFUSAL - NOT PERMITTED - OBLIGATIONS ON THE PART OF THE COURT SEISED - LIMITS

( CONVENTION OF 27 SEPTEMBER 1968, ART . 36 )

Summary

1 . A FOREIGN JUDGMENT WHICH HAS BEEN RECOGNIZED BY VIRTUE OF ARTICLE 26 OF THE CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS MUST IN PRINCIPLE HAVE THE SAME EFFECTS IN THE STATE IN WHICH ENFORCEMENT IS SOUGHT AS IT DOES IN THE STATE IN WHICH JUDGMENT WAS GIVEN .

2 . A FOREIGN JUDGMENT WHOSE ENFORCEMENT HAS BEEN ORDERED IN A CONTRACTING STATE PURSUANT TO ARTICLE 31 OF THE CONVENTION AND WHICH REMAINS ENFORCEABLE IN THE STATE IN WHICH IT WAS GIVEN MUST NOT CONTINUE TO BE ENFORCED IN THE STATE WHERE ENFORCEMENT IS SOUGHT WHEN, UNDER THE LAW OF THE LATTER STATE, IT CEASES TO BE ENFORCEABLE FOR REASONS WHICH LIE OUTSIDE THE SCOPE OF THE CONVENTION .

THE CONVENTION DOES NOT PRECLUDE THE COURT OF THE STATE IN WHICH ENFORCEMENT IS SOUGHT FROM DRAWING THE NECESSARY INFERENCES FROM A NATIONAL DECREE OF DIVORCE WHEN CONSIDERING THE ENFORCEMENT OF THE FOREIGN ORDER MADE IN REGARD TO MAINTENANCE OBLIGATIONS BETWEEN SPOUSES .

3 . A FOREIGN JUDGMENT ORDERING A PERSON TO MAKE MAINTENANCE PAYMENTS TO HIS SPOUSE BY VIRTUE OF HIS CONJUGAL OBLIGATIONS TO SUPPORT HER IS IRRECONCILABLE WITHIN THE MEANING OF ARTICLE 27 ( 3 ) OF THE CONVENTION WITH A NATIONAL JUDGMENT PRONOUNCING THE DIVORCE OF THE SPOUSES .

4 . ARTICLE 36 OF THE CONVENTION MUST BE INTERPRETED AS MEANING THAT A PARTY WHO HAS NOT APPEALED AGAINST THE ENFORCEMENT ORDER REFERRED TO IN THAT PROVISION IS THEREAFTER PRECLUDED, AT THE STAGE OF THE EXECUTION OF THE JUDGMENT, FROM RELYING ON A VALID GROUND WHICH HE COULD HAVE PLEADED IN SUCH AN APPEAL, AND THAT THAT RULE MUST BE APPLIED OF THEIR OWN MOTION BY THE COURTS OF THE STATE IN WHICH ENFORCEMENT IS SOUGHT . HOWEVER, THAT RULE DOES NOT APPLY WHEN IT HAS THE RESULT OF OBLIGING THE NATIONAL COURT TO MAKE THE EFFECTS OF A NATIONAL JUDGMENT WHICH LIES OUTSIDE THE SCOPE OF THE CONVENTION CONDITIONAL ON ITS RECOGNITION IN THE STATE IN WHICH THE FOREIGN JUDGMENT WHOSE ENFORCEMENT IS AT ISSUE WAS GIVEN .