إكساء الحكم الأجنبي صيغة التنفيذ : دراسة مقارنة

Other Title(s)

Justifications of the implementation of foreign judgments : a comparative study

Dissertant

الضيافلة، منذر أحمد يحيى

Thesis advisor

الربيع، زياد محمد

University

Jerash University

Faculty

Faculty of Law

University Country

Jordan

Degree

Master

Degree Date

2019

English Abstract

This study has aimed at describing the effects of foreign judgment outside the implementation circle, which can be arranged by foreign judgment without being ordered to be implemented by the courts of the state in which its effects is to be arranged; such the fact that the foreign judgment has the necessary authority of res judicata, its effect as a legal fact and its impact on proof.

Despite the importance of the implementation of foreign bonds, both formal and international, in the international field, the Jordanian law did not give this issue due attention, and did not explicitly provide it, which raises the jurisprudential dispute about the possibility of implementing foreign bonds in Jordan.

The study has dealt with an important stage of litigation, namely the stage of implementation of the foreign judgment, the conditions and procedures required by the Jordanian Foreign Judgments Implementation Act and the international agreements to which the Hashemite Kingdom of Jordan has been bound in order to realize the fact that the foreign judgment has power in Jordan.

The study has also addressed the issue of the proceedings of habeas of implementation and the ruling issued in these proceedings and ways to appeal it in detail.

Finally, the study has recommended a set of recommendations, including the need for Jordanian law to address the effects of foreign judgments outside the implementation circle, the fact that the foreign judgment has the necessary authority of res judicata, its effect as a legal fact and its impact on proof.

Jordanian legislators have been silent about whether or not these effects are recognized because they are of great importance in the context of international private relations in terms of relying on or invoking foreign rule to conclude certain legal acts or to report new legal cases within the national domain before ordering its implementation.

The study has also recommended rethinking the Jordanian Foreign Judgments Implementation Act and issuing a modern law that addresses all aspects related to this subject and responds to developments in international private relations that this law, since its promulgation in 1952, is still oblivious to them.

Main Subjects

Law

Topics

• Law
• Jordan
• Foreign judgements

No. of Pages

106

Table of Contents

• APA
• MLA
• AMA

Language

Arabic

Data Type

Arab Theses

Record ID

BIM-953415