Reciprocity as a Presumption for the Recognition of Foreign Decision

Rozehnalová, Naděžda; Valdhans, Jiří; Malacka, Michal; Grodl, Lukáš; Bulla, Martin; Kyselovská, Tereza; Garajová, Michaela; Zavadilová, Lucie; Júdová, Elena; Gandžalová, Lucia; Pacalajová, Nikola; Malachta, Radovan; Salibová, Kristina Sedláková; Zabloudilová, Kateřina; Slašťan, Miroslav; Profeldová, Tereza; Vlček, Filip; Víg, Zoltán; Hajdu, Gábor

doi:10.5817/cz.muni.p210-9497-2019-12

Universal, Regional, National – Ways of the Development of Private International Law in 21st Century 2019

DOI: 10.5817/cz.muni.p210-9497-2019-12

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Reciprocity as a Presumption for the Recognition of Foreign Decision

Naděžda Rozehnalová¹,

Jiří Valdhans²,

Michal Malacka³

et al.

Abstract: The paper deals with the principle of reciprocity in the field of recognition and enforcement of foreign decisions. The aim is to ascertain the approach of the Czech legal doctrine and the rules of international procedural law in relation to this institute. The issue of reciprocity outside the European judicial area is addressed, as well as the question of whether reciprocity is a non-essential condition in the area of recognition and is interchangeable with other mechanisms affecting this issue.

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2020

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Mutual Trust between the Member States of the European Union and the United Kingdom after Brexit:

Malachta¹

2020

Cofola International 2020

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The paper follows up on the arguments introduced in the author’s article Mutual Trust as a Way to an Unconditional Automatic Recognition of Foreign Judgments. This paper, titled Mutual Trust between the Member States of the European Union and the United Kingdom after Brexit: Overview discusses, whether there has been a loss of mutual trust between the European Union and the United Kingdom after Brexit. The UK, similarly to EU Member States, has been entrusted with the area of recognition and enforcement of judgements thus far. Should the Member States decrease the level of mutual trust in relation to the UK only because the UK ceased to be part of the EU after 47 years? Practically overnight, more precisely, the day after the transitional period, should the Member States trust the UK less in the light of legislative changes? The article also outlines general possibilities that the UK has regarding which international convention it may accede to. Instead of going into depth, the article presents a basic overview. However, this does not prevent the article to answer, in addition to the questions asked above, how a choice of access to an international convention could affect the level of mutual trust between the UK and EU Member States.

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Mutual Trust between the Member States of the European Union and the United Kingdom after Brexit:

Malachta¹

2020

Cofola International 2020

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Reciprocity as a Presumption for the Recognition of Foreign Decision

Cited by 1 publication

References 1 publication

Mutual Trust between the Member States of the European Union and the United Kingdom after Brexit:

Mutual Trust between the Member States of the European Union and the United Kingdom after Brexit:

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