论文部分内容阅读
法国在其域内对外国判决和仲裁裁决的接受是相当广泛的。其根据一是它同外副缔结的国际条约,二是它的国内立法和判例。本文在此只讨论法国国内立法和判例中的有关程序。关于承认和执行外国判决和仲裁裁决的法律渊源在国内立法和判例中的体现,就外国判决而育,国内立法中似乎只有《民法典》第2123条和《新民诉法典》第509条这两条规定,它们的内容是,凡未经法国法院宣布具有执行力的外国判决,不得在法国给予强制执行。至于法国法院在哪些条件下可以宣布外国判决具有执行力,以及整个承认问题,则无其它明文规定。所以,法国普通法中承认和执行外国判决的法律渊源,主要体现在判例之中。与此相
France’s acceptance of foreign judgments and arbitral awards in its territory is quite extensive. It is based on one of the international treaties it concluded with its foreign counterparts and on the other, its domestic legislation and jurisprudence. This article here only discusses the French domestic legislation and case of the relevant procedures. The legal sources of recognition and enforcement of foreign judgments and arbitral awards are reflected in domestic legislation and jurisprudence as far as foreign judgments are concerned. There seems to be only a very limited number of domestic legislation in Article 2123 of the Civil Code and Article 509 of the Code of Civil Procedure The article states that their content is that foreign judgments that are enforceable without the French courts shall be enforced in France. There are no other express provisions as to the conditions under which French courts can declare foreign judgments enforceable and the entire recognition issue. Therefore, the legal sources of French common law recognition and enforcement of foreign judgments are mainly reflected in the precedents. And this phase