CONDITIONS OF RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS IN THE FEDERAL REPUBLIC OF GERMANY: GENERAL REVIEW
Journal Title: Вісник Одеського національного університету. Правознавство - Year 2015, Vol 20, Issue 2
Abstract
In connection with the integration and globalization processes more and more citizens become subjects of civil and other legal relations arising outside one state: for example, the increasing number of international marriages, foreign employments, a variety of international contractual obligations etc. This relationships, in the case of disagreements or disputes between their subjects need to be resolved in courts or arbitration, and often - in foreign jurisdictions. In this regard spreading of cooperation of countries in terms of rendering mutual juridical help in the sphere of international civil process becomes increasingly popular and largely contributes to maintaining economic relations, expansion of all areas of foreign economic cooperation between enterprises of different countries as well as the proper and timely protection of violated or disputed rights and freedoms of individuals and legal entities. An important part of the legal cooperation in this respect is the recognition and enforcement of foreign judgments in civil cases. In this article we attempt to examine conditions of recognition and enforcement of foreign judgments in the Federal Republic of Germany − one of the most developed states of the European Union. The interest towards Germany was generated due to the fact that Germany has made significant achievements (in comparison with Ukraine) in the field of recognition and enforcement of foreign judgments at the level of international law and national law. The article explores conditions of the recognition and enforcement of foreign judgments according to the legislation of Federal Republic of Germany, represented by the Code of Civil Procedure of Federal Republic of Germany. Some findings of the study are also based on the legal doctrine in this sphere. Thus, German legal institute of recognition and enforcement of foreign judgments is represented by the modern branch of civil procedural norms, which are aimed at facilitating international cooperation in the sphere of law and avoiding conflicts of law situations in cases of transnational action of foreign jurisdiction.
Authors and Affiliations
G. G. Dushkova
Keywords
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