| Article | The Urgent Questions of Defining the Notions of Recognition and the Execution of the Foreign Judgments |
|---|---|
| Authors | Prytyka Yu. |
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 7 / 2013 |
| Pages | 199 - 207 |
| Annotation | The topical issues of the definition of the recognition and the execution of the foreign judgments in terms of clarification of its legal entity and legal nature are suggested in this article. The basic tendencies of present theoretical developments in this area as well as development of the theory of assimilation and the theory of prevalence are researched. The questions of compliance of existing definitions of the researched concepts with the requirements of the development of legal institution of the international procedural law are considered. The experience of legislative control of matters of the recognition and the execution of the foreign judgments are analyzed. The author suggests the definitions of the terms studied on the grounds of research of theoretical achievements made by foreign scholars and researchers of author's own country taking into consideration the practice of the recognition and the execution of the foreign judgments. The most important problem issues of existing legislation regulation of the recognition and the execution of the foreign judgments in Ukraine are defined and the suggestions for amendments to the relevant civil procedural rules are proposed. |
| Keywords | the recognition of foreign judgment, the execution of foreign judgment, the theory of assimilation, the theory of prevalence, the exequatur, the enforcement of a foreign judgment, the act of legitimation. |
| References | |
| Electronic version | Download |