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Part V Recognition, Enforceability, and Enforcement of Decisions, 8 Recognition, Enforceability, and Enforcement of Decisions

From: European Private International Family Law: The Brussels IIb Regulation

Michael Wilderspin

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 27 February 2024

Subject(s):
Family law — Matrimonial causes — Recognition and enforcement of foreign judgments — Stay of court proceedings — Jurisdiction under the Brussels II Regulation

This chapter focuses on Chapter IV of the Brussels IIb Regulation. The major changes in the Regulation include the abolition of exequatur and the adoption of a new section on the recognition and enforcement of authentic instruments and agreements. Recognition of a decision means acceptance of the effects the decision has in the State of origin, while enforcement is necessary where the foreign court requires the losing party to act positively, which then becomes an element of coercion. The chapter explains the significance of the distinction between recognition and enforcement as the Member State of enforcement needs to declare the enforceability of a judgment before the judgment creditor could enforce the judgment. It considers a miscellaneous category of provisions, which have a counterpart in the Brussels IIa Regulation.

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