RECOGNITION AND ENFORCEMENT OF FOREIGN COURT DECISIONS Cover Image

ПРИЗНАЊЕ И ИЗВРШЕЊЕ СТРАНИХ СУДСКИХ ОДЛУКА
RECOGNITION AND ENFORCEMENT OF FOREIGN COURT DECISIONS

Author(s): Jelena M. Belović
Subject(s): Law, Constitution, Jurisprudence, International Law
Published by: Правни факултет Универзитета у Нишу
Keywords: Draft Private International Law Code; foreign court decision; recognition; enforcement; procedure; international jurisdiction; right to defense

Summary/Abstract: The purpose of conducting court proceedings in general, as well as those involving an international element, is the enforcement of a final court decision. The enforceability of a court decision is a source of legal certainty, both nationally and internationally. In light of the reform of the Serbian Act on the Resolution of Conflict of Laws with Regulations of Other Counties (which entered into force in 1982), and for the purpose of creating a modern Private International Law codification, the Republic of Serbia established a working group, which drafted the Draft PIL Code (presented in 2014). The Draft PIL Code offered a series of solutions concerning the recognition and enforcement of a foreign court decisions, including more precisely defined conditions for the recognition of foreign decisions, clarification on the type of procedure, more precise definition of the recognition and enforcement procedure, and the procedure for declaring a foreign judicial decision enforceable.

  • Issue Year: LVII/2018
  • Issue No: 80
  • Page Range: 275-288
  • Page Count: 14
  • Language: Serbian