Recognition of Foreign Civil Judgments: The Effect of Res Judicata Principle

Ristovska, Mirjana (2023) Recognition of Foreign Civil Judgments: The Effect of Res Judicata Principle. The Proceedings: The Law in the 21 st Century – Challenges and Perspectives (2). pp. 459-467.

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Abstract

Abstract: The principle of res judicata is one of the most important grounds for refusing the
recognition of foreign civil judgment. According to all national and international legal sources
that introduce res judicata as an obstacle to recognition, the court should not give an effect to
the foreign civil judgment if there is another civil judgment between the same parties, for the
same object and the same cause.
This paper focuses on the material and procedural application of the res judicata principle
before the courts. The paper will examine the provisions contained in the Brussels I bis Regulation
and the Law on Private International Law of the Republic of North Macedonia.
For the purposes of this paper, several methods will be applied: normative analysis method,
comparison, analogy, and case law method.
Key words: recognition, foreign civil judgments, res judicata, Brussels I bis Regulation

Item Type:	Article
Subjects:	Scientific Fields (Frascati) > Social Sciences > Law
Divisions:	Faculty of Law
Depositing User:	Pfk Eprints
Date Deposited:	18 Dec 2023 10:52
Last Modified:	18 Dec 2023 10:52
URI:	https://eprints.uklo.edu.mk/id/eprint/9413

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