Enforcing foreign judgments – principle points from the viewpoint of the execution of the rights

• Autores: Petar Georgiev Bonchovski
• Localización: Misión Jurídica: Revista de derecho y ciencias sociales, ISSN 1794-600X, Vol. 10, Nº. 12, 2017
• Idioma: inglés
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• Resumen

  • The aim of the paper is to address the nature and the importance of the activity resulting in the issuance of the formula of the coercive execution based on recognized foreign judgments. The function of the formula is to prevent infringement of parties’ rights and obligations in the course of the execution process due to misunderstandings of the ruling in the foreign judgment by the enforcement authorities, etc. In virtue of this specifics, it is considered that the judge, granting recognition and adapting the formula of the resolution of the material dispute to the national legal system, is the most appropriate authority to order also the formula of the execution together with the recognition. Based on these considerations, conclusions are drawn about the types of litigation for recognition and enforcement, the legal construction of the recognition, the legal effects, the application of the new European Union regulation.