Recognition and enforcement of foreign judgments regarding family mattersRumenov, Ilija (Avtor) Galič, Aleš (Mentor) Recognition and enforcementforeign judgmentsBrussels IIbisThe 1980 Hague Child Abduction Convention The 1996 Hague Child Protection ConventionSlovenian Private International Law and Procedure ActThe doctoral thesis ‘Priznanje in izvršitev tujih sodnih odločb v družinskopravnih zadevah’ (Recognition and enforcement of foreign judgments regarding family matters) refers to the historical, social and legal aspect of the recognition and enforcement of foreign judicial decisions in the field of family matters. This doctoral thesis presents a research conducted on the basic elements of the recognition and enforcement of foreign judgments and especially the characteristics of the exequatur of judgments (and its abolishment) regarding family matters. It is consisted of introduction, three parts, conclusion and bibliography. The introduction provides for introductive remarks about the thesis, as well it elaborates the purpose, the aim and the hypothesis of the doctoral thesis. Also this introductive part gives an overview of the scientific methods used in the thesis. Part one of this thesis is consisted of two chapters. The first chapter gives a brief overview of the transformation of the family from a sociological aspect and shows the changes within its models and functions. Recognition and enforcement represents one aspect of private international law whose goal is to avoid re-litigation and provide for harmonized decisions in which the parties’ rights are protected. That places the countries involved between two separate necessities: on one side, they have to protect their sovereignty and the integrity of their legal system, and on the other they have to satisfy the party’s needs by sparing them of starting a new action in front of a court of a foreign country on an issue and between the same parties which was already decided by a court of another country. In essence this relates to the balance between ‘trust’ in the procedural and substantive law standards of foreign legal systems and the extent of the ‘control’ of the state of enforcement that it imposes on the foreign decision and through that on the foreign legal order. In this context to have more comprehensive understanding of recognition and enforcement, the second chapter of Part one, firstly gives some preliminary remarks and a conceptual understanding of legal institutes ‘recognition’ and ‘enforcement’. After this conceptual explanation of the basic legal institutes for this thesis, the chapter addresses the types of decisions that can be recognized and enforced with the distinction between types of decisions which are undisputed and can undergo the process of exequatur and types of decisions which are debatable regarding whether they can be recognized and enforced in other countries. Following this terminological determination of the meaning of recognition and enforcement and types of decisions which are recognized and enforced, the chapter gives an overview of the basic doctrines (comity, doctrine of obligation, acquired (vested) rights and res iudicata) of recognition and enforcement. Also in this chapter a brief overview of the historical development of the recognition and enforcement of foreign decisions in Europe is contained. To have full terminological and systematical understanding of the recognition and enforcement, this chapter analyzes the systems for recognition and enforcement present in most of the legal systems (system of limited control of foreign judgment, system of unlimited control of foreign judgments, system of revision of foreign judgments (revision au fond), system of prima facie evidence and systems that don’t recognize foreign judgments unless international agreement exists). Lastly, this chapter gives an overview of the legal sources regarding recognition and enforcement in the EU and that of the Hague Conference of Private International Law. Part two which represents substantial part of this thesis provides for detailed analysis of the Council Regulation (EC) No. 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) № 1347/2000 (‘Brussels IIbis’) with accent on the procedure for recognition and enforcement and the abolition of the exequatur in the cases of child abduction and access rights. The third part of this thesis elaborates the procedures for recognition and enforcement of foreign judgments in Republic of Slovenia, with special aspect regarding the family law decisions. Lastly this thesis contains the concluding remarks.20172017-10-05 07:15:11Doktorsko delo/naloga96531sl