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Bases of Judicial Jurisdiction in the Common Market Countries

Bases of Judicial Jurisdiction in the Common Market Countries MARTHA WESER Bases of Judicial Jurisdiction in the Common Market Countries Article 220 of die Treaty of Rome of 1957, the fundamental charter of the European Economic Community (hereinafter E.E.C.), provides: Member States shall, in so far as necessary, engage in negotia­ tions with each other with a view to ensuring for the benefit of their nationals: . . . the simplification of the formalities govern­ ing the reciprocal recognition and execution of judicial decisions and of arbitral awards. To conform with this provision, France, Western Germany, Italy, The Netherlands, Belgium, and Luxembourg, in July, 1960, initiated negotiations, which have led to a preliminary draft of a multilateral convention on the execution of judgments. In order to evaluate the contents of this draft, a comparative review of the rules affecting jurisdiction in each of the six countries forming the Common Market, is necessary, since one of the principal conditions which a foreign judgment must satisfy in order to be enforceable in another country, is that it was rendered by a court with jurisdiction. A. COMPARATIVE EXAMINATION OF THE RULES OF JURISDICTION IN TH E SIX E.E.C. STATES A systematic study of the rules affecting jurisdiction in the Common Market http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Bases of Judicial Jurisdiction in the Common Market Countries

American Journal of Comparative Law , Volume 10 (4) – Oct 1, 1961

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Publisher
Oxford University Press
Copyright
© 1961 by The American Association for the Comparative Study of Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/838473
Publisher site
See Article on Publisher Site

Abstract

MARTHA WESER Bases of Judicial Jurisdiction in the Common Market Countries Article 220 of die Treaty of Rome of 1957, the fundamental charter of the European Economic Community (hereinafter E.E.C.), provides: Member States shall, in so far as necessary, engage in negotia­ tions with each other with a view to ensuring for the benefit of their nationals: . . . the simplification of the formalities govern­ ing the reciprocal recognition and execution of judicial decisions and of arbitral awards. To conform with this provision, France, Western Germany, Italy, The Netherlands, Belgium, and Luxembourg, in July, 1960, initiated negotiations, which have led to a preliminary draft of a multilateral convention on the execution of judgments. In order to evaluate the contents of this draft, a comparative review of the rules affecting jurisdiction in each of the six countries forming the Common Market, is necessary, since one of the principal conditions which a foreign judgment must satisfy in order to be enforceable in another country, is that it was rendered by a court with jurisdiction. A. COMPARATIVE EXAMINATION OF THE RULES OF JURISDICTION IN TH E SIX E.E.C. STATES A systematic study of the rules affecting jurisdiction in the Common Market

Journal

American Journal of Comparative LawOxford University Press

Published: Oct 1, 1961

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