Klauzula porządku publicznego a uznawanie zagranicznych orzeczeń, których przedmiotem jest uznanie wyroku lub stwierdzenie jego wykonalności

• Authors: Maciej Zachariasiewicz

Title variants

EN

The public policy exception and recognition of judgments on judgments

• Languages of publication: PL

Abstracts

EN

The paper is devoted to the admissibility of recognition and enforcement of a judgment of a foreign court, the subject matter of which is recognition or declaration of enforcement of a judgment from yet another state (judgment on judgment). The issue is discussed in particular with reference to the public policy exception which constitutes a ground for refusal of recognition or enforcement of foreign judgments, both under Polish domestic law (the Code of civil procedure) and European law (Brussels I bis Regulation). It remains controversial whether the judgments on judgments should be recognized, thus benefiting from the so called “parallel entitlement”. The article takes a comparative approach, examining solutions adopted by various legal systems and analysing arguments for and against recognition of such decisions. The author takes the position that they should not be recognized (and that their enforceability should not be declared) in Poland, both under the Code of civil procedure (as with respect to judgments originating from non-EU states), as well as under EU legislation, in particular Brussels I bis Regulation. It is advocated that the concept of a “parallel entitlement” should be rejected.

Keywords

PL

recognition and enforcement of foreign judgments; parallel entitlement; public policy exception; confirmation judgments

EN

recognition and enforcement of foreign judgments; parallel entitlement; public policy exception; confirmation judgments

• Publisher: Uniwersytet Śląski
• Journal: Problemy Prawa Prywatnego Międzynarodowego
• Year: 2019
• Volume: 24
• Pages: 21-46

Dates

published

2019-06-30

Contributors

author

Maciej Zachariasiewicz

Identifiers

DOI

10.31261/PPPM.2019.24.02