Recognition of Foreign Civil Judgements: The Effect of Res Judicata Principle
Recognition of Foreign Civil Judgements: The Effect of Res Judicata Principle

Author(s): Mirjana Ristovska
Subject(s): Law, Constitution, Jurisprudence, International Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: recognition; foreign civil judgments; res judicata; Brussels I bis Regulation
Summary/Abstract: The principle of res judicata is one of the most important grounds for refusing the recognition of foreign civil judgment. According to all national and international legal sources that introduce res judicata as an obstacle to recognition, the court should not give an effect to the foreign civil judgment if there is another civil judgment between the same parties, for the same object and the same cause. This paper focuses on the material and procedural application of the res judicata principle before the courts. The paper will examine the provisions contained in the Brussels I bis Regulation and the Law on Private International Law of the Republic of North Macedonia. For the purposes of this paper, several methods will be applied: normative analysis method, comparison, analogy, and case law method.

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