How can a domestic/foreign judgment be enforced?
The execution of a judicial act may be effected voluntarily or on the ground of a writ of execution issued by the court after the act comes into the legal force, except for some cases of immediate enforcement (in labour disputes, for instance). The winning party with a writ of enforcement may submit it to a bank where the debtor has its accounts to transfer the money from his funds. Another way is to submit a writ of execution to the state bailiffs’ service, which carries enforcement proceedings on the expense on the debtor. A foreign judgment has to be recognised and enforced by the Russian state courts according to the order established by international treaties and federal laws. Afterwards it is enforced in the same manner as the domestic awards.
Enforcement for the recovery of pecuniary claim will take attachment of goods, bank assets, assignment of earnings, execution against real property, etc. For enforcement of non-pecuniary claims it will take some other kind of duty performed in accordance with their own specific enforcement procedures. Foreign judgments can be enforced in Slovenia after being declared enforceable on application by the party with interest. The declaration of enforceability is issued after certain formalities have been completed and must be served on the other party, who may challenge it only in the courts. It is possible to refuse to recognise a foreign judgment if recognition would be contrary to public policy, irreconcilable with an earlier judgment, etc. Slovenia is a party to Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
Related Questions
- If a domestic entity is terminated, cancelled, or dissolved or a foreign entity’s certificate of authority or registration is revoked, is there a deadline for reinstatement?
- Will a foreign judgment of divorce be enforced if it violates New Jersey pubic policy?
- How can a domestic/foreign judgment be enforced?
