Enforcement of American Judgments Abroad (Part 1)

Abstract

As one studies the rules of the conflict of laws of the different countries, one is struck by the fact that most countries assume a fundamentally different attitude in the enforcement of foreign judgments from what they do with respect to foreign laws in general. Although there are various theories concerning the ultimate legal basis upon which the recognition and enforcement of foreign laws rest, there is agreement on the point that under modern conditions a state is in duty bound to determine the consequences of legal acts, under certain circumstances, in accordance with the law of some foreign state. Notwithstanding many differences in detail there exists to-day a striking similarity in the rules governing the conflict of laws in the various countries. An examination of the law governing the recognition and enforcement of foreign judgments in the different countries reveals, however, the surprising fact that there are, so far as this subject is concerned, no principles which have so far met with anything like universal approval.