Keywords
Summary

Keywords

CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - RECOGNITION OR GRANT OF AN ORDER FOR ENFORCEMENT IN ONE CONTRACTING STATE OF A JUDGMENT GIVEN IN ANOTHER CONTRACTING STATE - STAY OF THE PROCEEDINGS FOR RECOGNITION OR ENFORCEMENT - APPEAL LODGED IN THE STATE IN WHICH THE JUDGMENT WAS GIVEN AGAINST THE FOREIGN JUDGMENT - CONCEPT OF ' ORDINARY APPEAL ' WITHIN THE MEANING OF ARTICLES 30 AND 38 OF THE CONVENTION - DIFFERENCES IN THE LEGAL CONCEPTS OF THE VARIOUS CONTRACTING STATES WITH REGARD TO THE DISTINCTION BETWEEN ' ORDINARY ' AND ' EXTRAORDINARY ' APPEALS - DEFINITION OF THE CONCEPT OF ' ORDINARY APPEAL ' SOLELY WITHIN THE FRAMEWORK OF THE CONVENTION - MEANING

( CONVENTION OF 27 SEPTEMBER 1968 , ARTICLES 30 AND 38 )

Summary

1 . BECAUSE OF THE DIFFERENCES IN THE LEGAL CONCEPTS OF THE MEMBER STATES WHICH ARE PARTIES TO THE CONVENTION OF 27 SEPTEMBER 1968 WITH REGARD TO THE DISTINCTION BETWEEN ' ORDINARY ' AND ' EXTRAORDINARY ' APPEALS , THE MEANING OF THE CONCEPT OF ' ORDINARY APPEAL ' CANNOT BE DETERMINED BY REFERENCE TO A NATIONAL LEGAL SYSTEM , WHETHER THAT OF THE STATE IN WHICH THE JUDGMENT WAS GIVEN OR THAT OF THE STATE IN WHICH RECOGNITION OR ENFORCEMENT IS SOUGHT . THIS CONCEPT MAY THEREFORE BE DEFINED SOLELY WITHIN THE FRAMEWORK OF THE CONVENTION ITSELF .

2 . IN VIEW OF THE STRUCTURE OF ARTICLES 30 AND 38 AND OF THEIR FUNCTION IN THE SYSTEM OF THE CONVENTION , ANY APPEAL WHICH IS SUCH THAT IT MAY RESULT IN THE ANNULMENT OR THE AMENDMENT OF THE JUDGMENT WHICH IS THE SUBJECT-MATTER OF THE PROCEDURE FOR RECOGNITION OR ENFORCEMENT UNDER THE CONVENTION AND THE LODGING OF WHICH IS BOUND , IN THE STATE IN WHICH JUDGMENT WAS GIVEN , TO A PERIOD WHICH IS LAID DOWN BY THE LAW AND STARTS TO RUN BY VIRTUE OF THAT SAME JUDGMENT CONSTITUTES AN ' ORDINARY APPEAL ' WHICH HAS BEEN LODGED OR MAY BE LODGED AGAINST A FOREIGN JUDGMENT .