القوة الملزمة للحكم القضائي الأجنبي المشروط : دراسة مقارنة

Abstract EN

The principal of the individual who has recourse to national courts to obtain his violated right, or to establish a new legal status.Because there are certain circumstances, the individual sometimes turns to a foreign court, and he may obtain a judgment on what he has requested, and the implementation of this decision is done in his country or in a third country.

that is to say The authority of the judgment can extend beyond borders of the country whose courts have been rendered, and in this prejudice to the sovereignty of the country in which the judgment is to be executed,.and over its territories, but the nature of international relations and the expansion of trade and economic relations between countries on the one hand, and between individuals among themselves on the other hand And between these States and individuals belonging to a third party and the existence of common interests and rights resulting from transactions outside the territory of the State in various areas.

He called on states to relinquish part of their sovereignty, and accepted the implementation of a decision rendered on behalf of another country, and under its legislation, and its acceptance of the extension of l authority of the foreign state and of recognition of the judgment The alien and the enforcement of a judgment rendered outside the territory of the country in which enforcement is requested.