Recognition of Foreign Judgments in Czech Republic
Recognition of Foreign Judgments in Czech RepublicUpdated on Tuesday 18th April 2017
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The recognition of foreign judgments in Czech Republic is performed following the regulations applicable under the Private International Law, as well as three other legislative frameworks. The stipulations of the Private International Law are applicable to all juridisctions as general rule, but there are also several exemptions in this case, which can be detailed by our lawyers in Czech Republic.
Legislation for the recognition of foreign judgments
As mentioned above, the main legislative framework applicable to the recognition of foreign judgments is given by the Private International Law. Other regulations applicable in this case are:
• Act No. 91/2012 – International Judicial Cooperation in Criminal Matters;
• International agreements signed by the representatives of the Czech Republic;
• The European Union’s legislation (Czech Republic is a member state of the Community starting with May 2005).
The legislation available under the Private International Law is applicable to private matters, while criminal matters are handled under the regulations of the Act No. 91/2012.
Conditions to recognize foreign judgments in Czech Republic
In order for a foreign judgment to be enforced in Czech Republic, it should satisfy the following conditions:
• any official decision of foreign authorities (including judicial settlements, notary documents and other official documents) are recognized in Czech Republic, if they were confirmed by the designated authority in the respective jurisdiction;
• they can be enforced here if the Czech authorities have recognized the respective legal decisions.
Recognition vs. enforcement in Czech Republic
Persons interested in the recognition of foreign judgments in Czech Republic must know that there is a difference between the legal act of recognizing an official decision and enforcing it on the Czech territory.
As a general rule, recognition refers to the part in which a Czech court analyses the respective decision and verifies if it complies with the conditions prescribed under the local legislation.
Enforcement is the act through which the respective decision must be imposed to the person who is addressed to. This leads to a legal obligation to perform a designated activity – such as paying a debt and our Czech law firm can provide more details in this sense.
Persons who are interested in finding out more information on the recognition of foreign judgments in Czech Republic are invited to contact our Czech lawyers.