Mutual Trust as a Way to an Unconditional Automatic Recognition of Foreign Judgments

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Authors

MALACHTA Radovan

Year of publication 2019
Type Article in Proceedings
Conference UNIVERSAL, REGIONAL, NATIONAL - Ways of the Development of Private International Law in 21st Century
MU Faculty or unit

Faculty of Law

Citation
Web Open access sborníku
Keywords Mutual Trust; Mutual Recognition; Automatic Recognition; Foreign Judgment; Refusal of Recognition; Public Policy; European Union
Description The article covers a topic of an unconditional automatic recognition of foreign judgments within the European Union. Thus far, a different method in case of foreign judgments has been used. Certain regulations of the EU require exequatur and contain grounds for refusal of recognition and in certain regulations both the exequatur and grounds for refusal of recognition have been abolished. First, the paper deals with the principle of mutual trust (what mutual trust is and in what to trust). Subsequently, the article points out the differences between the principle of mutual trust and the principle of mutual recognition. Finally, it discusses the notion of automatic recognition in the context of free movement of judgments within the EU.
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