LL.M. (International Commercial Law) / Legal judgements against unsuccessful defendants are handed down around the world on a daily basis, but their enforcement can become a complicated matter when the enforcement of the judgement must occur outside the territorial boundaries of the state from which it emanates. The purpose of this paper is to determine the enforceability of judgements of the European courts whereby the jurisdiction of the court was determined in terms of Brussels I. This paper begins with an in-depth discussion of the principles of recognition and enforcement of foreign judgements and the purpose it serves within the context of private international law. The second chapter discusses recognition and enforcement of foreign judgements in South Africa. The requirements and the criteria necessary to fulfil such requirements will be discussed under this heading. The third chapter considers the various grounds of jurisdiction available to the plaintiff in approaching a court of a European Union State. Each ground will be followed by a discussion on the enforceability of a judgement, founded on such a ground of jurisdiction, in terms of the South African principles of recognition and enforcements of foreign judgements and whether the requirements discussed in the preceding chapter have been met. Chapter 4 provides concluding remarks relating to the matters discussed in the body of this paper.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:uj/uj:13774 |
| Date | 15 July 2015 |
| Creators | Kassel, Bryoni |
| Source Sets | South African National ETD Portal |
| Detected Language | English |
| Type | Thesis |
| Rights | University of Johannesburg |
Page generated in 0.0023 seconds