Document Type

Article

Comments

Enforcement of American Judgments Abroad, 29 Yale Law Journal 268 (1920)

Abstract

Foreign countries enforcing American judgments on principle may decline to do so in particular classes of cases or for special reasons which must now be considered.

FINALITY AND BINDING NATURE OF JUDGMENT

Before a foreign judgment can be enforced it must be shown that it is subject to immediate execution in the country in which it was rendered. This fact must be established in the manner prescribed by the rules of procedure of the state in which the judgment is to be enforced. If the _foreign judgment was rendered in a country in which an appeal suspends execution thereon, the judgment cannot be enforced in any other state during the pendency of such appeal. Whether it will be enforced where the appeal in the foreign country does not operate as a supersedeas will depend upon the law of the state in which the judgment is presented for execution. Some countries permit the enforcement of foreign judgments in such a case.158 .The law of other countries requires the foreign judgment to be final in the sense that no further recourse is open in such foreign country with respect to the original proceedings.

Date of Authorship for this Version

1920

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