A COMPARATIVE ANALYSIS OF THE ENFORCEMENT OF FOREIGN JUDGMENTS IN THE USA, FRANCE, AND THE UKDER BHARATIYA NAGARIK SURAKSHA SANHITA (BNSS), 2023.
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2026
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| _version_ | 1866901265677549568 |
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| author | Riyush Kumar |
| author_facet | Riyush Kumar |
| contents | The enforcement of foreign judgments is a crucial aspect of the Private International law, it helps in achieving the balances between the state sovereignty and demands of global trade. This short article undertakes a comparative analysis of the enforcement mechanisms of three countries namely, United States, France, and the United Kingdom. There are distinct legal philosophies that underpin their enforcement systems: the US's decentralized and comity-based approach; France formalised exequatur procedure; and the U.K.'s hybrid model that combines common law principles with statutory reciprocity. Through an analysis of these varying frameworks, the paper underscore how each of these jurisdictions manages the conflict between procedural justice and international cooperation. The study finds that although these systems originate from different legal traditions, but there is gradual movement towards a common international standard of execution of foreign judgments through instruments like Hague Conventions. |
| format | Recurso digital |
| id | zenodo_https___doi_org_10_5281_zenodo_18987146 |
| institution | Zenodo |
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| publishDate | 2026 |
| publisher | Zenodo |
| record_format | zenodo |
| spellingShingle | A COMPARATIVE ANALYSIS OF THE ENFORCEMENT OF FOREIGN JUDGMENTS IN THE USA, FRANCE, AND THE UKDER BHARATIYA NAGARIK SURAKSHA SANHITA (BNSS), 2023. Riyush Kumar The enforcement of foreign judgments is a crucial aspect of the Private International law, it helps in achieving the balances between the state sovereignty and demands of global trade. This short article undertakes a comparative analysis of the enforcement mechanisms of three countries namely, United States, France, and the United Kingdom. There are distinct legal philosophies that underpin their enforcement systems: the US's decentralized and comity-based approach; France formalised exequatur procedure; and the U.K.'s hybrid model that combines common law principles with statutory reciprocity. Through an analysis of these varying frameworks, the paper underscore how each of these jurisdictions manages the conflict between procedural justice and international cooperation. The study finds that although these systems originate from different legal traditions, but there is gradual movement towards a common international standard of execution of foreign judgments through instruments like Hague Conventions. |
| title | A COMPARATIVE ANALYSIS OF THE ENFORCEMENT OF FOREIGN JUDGMENTS IN THE USA, FRANCE, AND THE UKDER BHARATIYA NAGARIK SURAKSHA SANHITA (BNSS), 2023. |
| url | https://doi.org/10.5281/zenodo.18987146 |