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Presence as a basis for the recognition and enforcement of foreign judgments sounding in money – a comparative study of Canadian and South African lawXaba, Gift Manyanani Nkosinathi 18 August 2014 (has links)
L.LM. (International Commercial Law) / This dissertation, properly speaking, deals only with the recognition of foreign monetary judgments. In common parlance, however, the terms ‘recognition’ and ‘enforcement’ have blended, with “enforcement” being used more commonly to refer to “recognition” than the term recognition is. Throughout this paper, the terms will be used interchangeably to refer to the classic concept of recognition; that is to say the circumstances in which a court will allow a foreign party to enforce a foreign judgment. Central to this paper is the recent South African Supreme Court of Appeal (hereinafter SCA) case of Richman v Ben-Tovim. This includes a critical discussion of the submissions made by the SCA in reaching its decision. The author is of the view that the SCA in hearing a case of this nature ought to have considered a comparative study of the private international law rules applied elsewhere.
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