OBSTACLES TO RECOGNITION OF A FOREIGN COURT
JUDGMENT IN POLISH CIVIL PROCEEDINGS
OBSTACLES TO RECOGNITION OF A FOREIGN COURT
JUDGMENT IN POLISH CIVIL PROCEEDINGS
Author(s): Tomasz SzanciłoSubject(s): Law, Constitution, Jurisprudence, Constitutional Law, Human Rights and Humanitarian Law
Published by: C.H. Beck Publishing House - Romania
Keywords: foreign court; judgment; recognition of judgment; obstacle; effectiveness of judgment;
Summary/Abstract: Judgments of foreign courts rendered in civil matters are subject to recognition in Poland by operation of law, unless there are specific obstacles. These are listed in the Polish Code ofCivil Procedurę. A court which decides on the recognition of a foreign court judgement doesn't, in principle, examine the substantive validity of the judgement, as this isn't the subject of these proceedings and, moreover, the merits of the claim can't be decided twice. If one of the obstacles is present, the court dismisses the application for recognition of the foreign courfs decision, which makes such a decision ineffective on the territory of Poland.The catalogue of obstacles thus determines the selection of judgments of foreign courts. The model adopted in Polish procedural law for the recognition of such judgments is transparent and deals with violations of fundamental procedural issues and basie principles of the Polish legałorder
Journal: Istorie, Cultura, Cetatenie in Uniunea Europeana
- Issue Year: 15/2023
- Issue No: 1
- Page Range: 277-290
- Page Count: 14
- Language: English