Gerasimchuk, Eleonora Die Urteilsanerkennung im deutsch-russischen Rechtsverkehr |
Eleonora GerasimchukDie Urteilsanerkennung im deutsch-russischen Rechtsverkehr[The Mutual Recognition and Enforcement of Civil Law Judgments between Germany and Russia.]Published in German. Section 328 sub-section 1 paragraph 5 of the German Civil Procedure Code establishes the principal of reciprocity for recognition and enforcement of foreign judgments. Eleonora Gerasimchuk analyzes recent developments in Russian civil procedural law and Russian court practice regarding the recognition and enforcement of foreign judgments. She concludes that the reciprocity with regard to Russia cannot yet be established.The author elaborates on different ways of ensuring the recognition and enforcement of civil law judgments in relationships between Russia and Germany. Russia's accession to the Lugano Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters of 16 September 1988 and Germany's and Russia's accessions to the Hague Convention on Choice of Court Agreements of 30 June 2005 are analyzed. |