The Status in This Country of Judgments Rendered Abroad

Reese, Willis L. M.

doi:10.2307/1118655

Cited by 9 publications

(2 citation statements)

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“…56 The idea of comity has been criticized as simply expressing an attitude but not the reasons for taking that attitude. 57 Nevertheless, English courts routinely invoke comity as an important basis for the recognition of foreign judgments at common law, 58 and the Supreme Court of Canada has used comity as the key reason for altering the common law rules so as to allow the recognition of more foreign judgments. 59 Comity, like the doctrine of obligation, militates in favour of affording a foreign judgment in the forum at least the effects that the judgment has in the foreign country.…”

Section: Comitymentioning

confidence: 99%

The Effects of Recognized Foreign Judgments in Civil and Commercial Matters

Harder¹

2013

ICLQ

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This article investigates what effects a recognized foreign judgment in civil and commercial matters has in English proceedings. Does the judgment have the effects that it has in the foreign country (extension of effects) or the effects that a comparable English judgment would have (equalization of effects), or a combination of these? After a review of the current law, it will be discussed what approach is preferable on principle. The suggested approach will then be illustrated by considering whether a foreign decision on one legal basis of a certain claim ought to preclude English proceedings involving another legal basis of the same claim. Finally, it will be discussed whether and how the effects of a recognized foreign judgment in England are affected by interests of a third country.

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Section: Comitymentioning

confidence: 99%

The Effects of Recognized Foreign Judgments in Civil and Commercial Matters

Harder¹

2013

ICLQ

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“…It is also a matter of whether the legal profession thinks and operates on a system-wide level." 397 By working and studying together, judges will be able to get to know each other and comprehend each other's legal culture more effectively. In the long run, it will contribute legal harmonization among Chinese regions.…”

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confidence: 99%