oa Comparative and International Law Journal of Southern Africa - Recognition and enforcement of foreign judgments: still a Hobson's choice among competing theories?
|Article Title||Recognition and enforcement of foreign judgments: still a Hobson's choice among competing theories?|
|© Publisher:||Institute of Foreign and Comparative Law|
|Journal||Comparative and International Law Journal of Southern Africa|
|Affiliations||1 Dept of Jurisprudence, UNISA|
|Publication Date||Mar 2005|
|Pages||15 - 31|
|Keyword(s)||Co-operation in civil matters, Enforcement of foreign judgment, Foreign judgment and Recognition of foreign judgment|
Project 121 of the South African Law Reform Commission is called 'Consolidated Legislation Pertaining to Co-operation in Civil Matters'. It offers a golden opportunity to evaluate the statutory framework for the recognition and enforcement of foreign judgments and maintenance orders. While the theoretical basis of recognition and enforcement of foreign judgments has never been settled conclusively, modem perspectives provide new insights with regard to both the theoretical and the practical implications. The commission ought to give these perspectives the systematic treatment they deserve before finalising its recommendations.
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