مبدأ المعاملة بالمثل في تنفيذ الأحكام الأجنبية في المملكة العربية السعودية: (دراسة تحليلية في ضوء أحكام القضاء السعودي)‎

Abstract EN

The requirement of reciprocity in the enforcement of foreign judgments means that foreign judgments should be treated in the Kingdom of Saudi Arabia with the same treatment that Saudi judgments receive in the country where the foreign judgment was issued.

The principle of reciprocity is a recognized principle in international law concerning the relations between states, as it ensures equality and parity between states, as well as protects their sovereignty and preserves their internal regulations, while promoting positive cooperation between states.

However, including this requirement in the matter of enforcing foreign judgments may pose an obstacle to the idea of the international effectiveness of judicial judgments, which encourages all countries to recognize and facilitate the enforcement of judgments and judicial decisions on their territory.

The application of the reciprocity requirement is not without practical difficulties, mainly related to the burden of proof and determining the authority responsible for assessing and determining the extent to which reciprocity is fulfilled between the state required to enforce the judgment and the state where the judgment was issued.

This research addresses various issues related to reciprocity as a condition for enforcing foreign judgments in the Kingdom of Saudi Arabia, adopting an analytical and inductive approach to the relevant Saudi regulations and judicial judgments in light of comparative legislation and relevant international agreements.