Exercises
1.Prepare answers to the following questions using paragraph form.
(1) What are “recognition” and “enforcement” of foreign judgments?
(2) What are the three theories justifying recognition and enforcement of foreign judgments?
(3) Summarize the requirements imposed by national laws for recognizing and enforcing foreign judgments.
(4) Summarize the requirements and procedures of recognizing and enforcing foreign judgments by Chinese People’s Courts.
2.Multiple Choice
(1) Foreign judgment ( )
A.shall be recognized in China automatically if there is a bilateral treaty between China and that foreign country.
B.does not have independent force outside the forum’s territory.
C.cannot be recognized in a foreign jurisdiction.
D.shall be recognized and enforced in a foreign jurisdiction by the defendant.
(2) Which of the following statements is not correct? ( )(https://www.daowen.com)
A.“Recognition” and “enforcement” of foreign judgments are related,but different concepts.
B.Comity is not a precise legal definition.
C.China is a member of Hague Private International Law Conference.
D.There can be no recognition of a foreign judgment without enforcement.
(3) A Chinese national requested a People’s Court to recognize a foreign judgment.Which of the following statement as to the recognition of that judgment is wrong under Chinese law? ( )
A.If there is a judicial assistance agreement between China and that foreign state,the agreement shall apply.
B.If there is neither agreement nor reciprocity between China and that foreign state,the People’s Court shall refuse its recognition and enforcement.
C.That foreign judgment may be recognized by the People’s Court provided that the foreign court had proper jurisdiction over the case.
D.That foreign judgment may be recognized by the People’s Court provided that the judgment is final and conclusive.
3.Case Analysis
X,a Chinese company sued Y,a Swiss company for breach of contract before a Chinese People’s Court.The Court rendered a judgment in favor of X; nonetheless,Y refused to fulfill the judgment.The Court attempted to enforce the judgment,but failed,as Y has no property within the territory of Chinese mainland.Under such a circumstance,what can be done in order to enforce the judgment?