O uznawaniu i wykonywaniu zagranicznych orzeczeń sądowych w sprawach cywilnych i handlowych
On the recognition and enforcement of foreign judgments in civil or commercial matters
Author(s): Maciej MataczyńskiSubject(s): Law, Constitution, Jurisprudence, Review, Civil Law, International Law, Commercial Law
Published by: Uniwersytet Adama Mickiewicza
Keywords: jurisdiction; Hague conventions; recognition and enforcement; private international law
Summary/Abstract: This review article is inspired by monograph The HCCH 2019 Judgments Convention: Cornerstones, Prospects, Outlook edited by Matthias Weller, João Ribeiro-Bidaoui, Moritz Brinkmann and Nina Dethloff (Hart Publishing, 2023), and its presentation at a conference of the same title that took place on 9–10 July 2023 in Bonn (Germany). The monograph was dedicated to the Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters concluded in The Hague on 2 July 2019, under the auspices of the Hague Conference of Private International Law (HCCH). The book was published four years after conclusion of the Convention and just before its entry into force on 1 September 2023. The authors of particular chapters were speakers at the aforementioned conference. The Hague Judgments Convention (2019) is just a part of the international unification of civil procedure that is progressing under the auspices of the HCCH, with particular stress being placed on the jurisdiction, recognition and enforcement of foreign judgments in civil and commercial matters. Lawyers working within the framework of the HCCH hoped for a universal convention on the jurisdiction, recognition and enforcement of foreign judgments in civil and commercial matters that would mirror the European Brussels regime. The publication is the point of departure for an analysis of the unification of law and the role of international doctrine and international organizations in that process. Selected provisions of the Convention are subject to in-depth analysis, especially those that are illustrative of modern legislative trends (like the bilateralization of multilateral international agreements).
Journal: Ruch Prawniczy, Ekonomiczny i Socjologiczny
- Issue Year: 86/2024
- Issue No: 2
- Page Range: 317-337
- Page Count: 22
- Language: Polish