Article 431 of the Dutch Code of Civil Procedure (hereinafter Rv)*, enacted in 1838, essentially denies any affects to foreign judgments. It has apparently been drafted following the rationale according to which justice done elsewhere does not necessarily have to coincide with justice done in the Netherlands. This concept presupposed that the idea of justice may be confined to national boundaries, at least in so far as it concerned justice pronounced by the courts.
Nevertheless, even tough the legislative provision has not been amended to this very day, the Dutch courts modified essentially the written law as to accept justice done elsewhere, as long as it does not trigger any injustice done in the Netherlands.
The current article will begin by presenting the legislative provisions dealing with the recognition or enforcement of foreign judgments absent a treaty. It will then continue with a presentation of the case law on the matter, thus taking the reader through the evolution of the Dutch approach to the above-mentioned subject matter.
One remark prior to the commencement of this article: I will focus only on judicial decisions, with the exclusion of any reference to arbitral awards. Likewise, since the article deals mainly with execution of money awarding judgments, this chapter will only marginally touch upon status judgments and the recognition thereof. Family law matters, including maintenance judgments, as well as bankruptcy decrees do not form a part of the issues treated hereinafter.
Nevertheless, even tough the legislative provision has not been amended to this very day, the Dutch courts modified essentially the written law as to accept justice done elsewhere, as long as it does not trigger any injustice done in the Netherlands.
The current article will begin by presenting the legislative provisions dealing with the recognition or enforcement of foreign judgments absent a treaty. It will then continue with a presentation of the case law on the matter, thus taking the reader through the evolution of the Dutch approach to the above-mentioned subject matter.
One remark prior to the commencement of this article: I will focus only on judicial decisions, with the exclusion of any reference to arbitral awards. Likewise, since the article deals mainly with execution of money awarding judgments, this chapter will only marginally touch upon status judgments and the recognition thereof. Family law matters, including maintenance judgments, as well as bankruptcy decrees do not form a part of the issues treated hereinafter.
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